Sridhar Khatua vs Patitapaban Mohanty & Anr.

G. Satapathy, J.

This is an Appeal U/S.173(1) of the Motor Vehicles Act, 1988 (in short, “the Act”) by the claimant-appellant against the impugned judgment dated 22.10.2009 passed by learned 2^nd Motor Accident Claims Tribunal, Cuttack (in short “the Tribunal”) in Misc. Case No. 390 of 1987 along with a batch of other cases directing the Divisional Manager, United India, Insurance Co. Ltd., Cuttack-cum-R-2 (herein after referred to as “the insurer”) to pay the claimant-appellant the compensation of Rs.50,000/- together with Simple Interest (SI) @7% per annum w.e.f. the date of filing of claim application on 24.07.1987 till actual payment within three months thence.

The facts being not disputed are not reiterated to avoid repetition; however, it is clarified that the insurer has already satisfied the award by paying the compensation amount to the claimant-appellant, but the appellant being dissatisfied with the quantum of compensation, has preferred this Appeal.

Heard, Mr. Antaryami Dash, learned counsel for the appellant and Mr. Pratyush Ranjan Sinha, learned counsel for R-2, but none appears for R-1 and notice against him stands dispensed with in view of the provision of Order XLI, Rule 14(4) of the CPC since R-1 was set ex-parte in the proceeding before the Tribunal.

It is, however, brought to the notice of the Court that the Appeal can be disposed of at a negotiated compensation amount, provided the claimant agrees for it. After having considered the rival submission and making a thorough discussion and negotiation with the learned counsel for the parties keeping in view the challenge of the appellant as to the quantum of compensation, this Court proposes a consolidated sum of Rs.35,000/- (Rupees Thirty Five Thousand) towards full and final settlement of the case and seeks the response of the learned counsel for the parties, to which Mr. Antaryami Dash, learned counsel for the claimant-appellant by filing memo agrees and accepts the proposal, whereas Mr. Pratyush Ranjan Sinha, learned counsel for the R-2-cum-insurer without disputing such proposal leaves it to the discretion and conscience of this Court.

In the aforesaid facts and situation and taking into account the law laid down by Apex court in Taslim Parvin & Another vrs. (Smt.) Usha Devi & Another; 2018(2) TAC 22 (SC), since the claimant-appellant agrees to and accepts the proposal of the Court through his counsel and the learned counsel for the R-2-cum-insurer without disputing such proposal leaves it to the discretion and conscience of this Court, it is considered that the interest of justice would be best served, if the compensation amount is further increased by a consolidated sum of Rs.35,000/- (Rupees Thirty Five Thousand) only which shall be payable by the insurer-R2 to the appellant-claimant.

In the result, the Appeal is accordingly disposed of with a further enhancement of compensation by a consolidated sum of Rs.35,000/- (Rupees Thirty-Five Thousand) only and this Court, accordingly directs the insurance company to pay the aforesaid enhanced compensation amount within eight weeks hence. In case of deposit of the enhanced compensation amount, the same shall be disbursed to the claimant-appellant in terms of the award.