UMAKANT PADHAN vs ASHOK PADHAN

IN THE HIGH COURT OF ORISSA AT CUTTACK
MACA No.1125 of 2024

CNR No. ODHC010796762024

(An appeal Under Section-173(1) of M.V. Act, 1988).

Umakant Padhan & another Appellants
…
-versus-

Ashok Padhan & another … Respondents



For Appellants : Mr. B.N. Rath, Advocate

For Respondents : Mr. P.K. Mohanty,
Advocate (R-1)
Mr. P.K. Panda, Advocate
(R-2)

CORAM: JUSTICE G. SATAPATHY


DATE OF HEARING & JUDGMENT:09.11.2026 (ORAL)


G. Satapathy, J.

1. This is an Appeal U/S.173(1) of the Motor
Vehicles Act, 1988 (in short, “the Act”) by the appellants-
claimants seeking to assail the impugned judgment dated
rd
28.08.2024 passed by learned 3 Motor Accident Claims
Tribunal, Jharsuguda (in short “the Tribunal”) in MAC Case
No. 20 of 2022 directing the New India Assurance Co.
Ltd.-cum-R-2 (in short “the insurer”) to pay a sum of
Rs.5,86,712/- together with Simple Interest (SI) @6% per
annum w.e.f. the date of filing of claim application on
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02.04.2022 till actual realization to the appellants-
claimants towards compensation in an application U/S.
166 of the Act for the death of their sole bread earner in a
motor vehicular accident.
2. The facts being largely undisputed are not
reiterated to avoid prolixity; but it is, however, confirmed
that the award has already been satisfied by R-2. The
appellants-claimants, however, being dissatisfied with the
quantum of compensation has preferred this Appeal.
3. Heard, Mr. Biranchi Narayan Rath, learned
counsel for the appellants-claimants, Mr. Pritam Kumar
Mohanty, learned counsel for R-1 and Mr. Prasanna Kumar
Panda, learned counsel for R-2 and perused the record.
4. After having considered the rival submissions
and upon perusal of record, since the quantum of
compensation is in dispute, this Court on perusal of the
judgment minutely, found some points in the submission
of the appellants for enhancement of compensation, but
that not with regard to enhancement of compensation
beyond Rs.2,00,000/-, however, on a comprehensive &

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consensus-seeking exercise with the learned counsel
appearing for the parties and keeping in view the
challenge of the claimants-appellants as to the quantum of
compensation, this Court proposes for enhancement of
compensation for a consolidated sum of Rs.2,00,000/-
(Rupees Two Lakhs) towards full and final settlement of
the case and seeks the response of the learned counsel for
the parties, to which Mr. Biranchi Narayan Rath, learned
counsel for the claimants-appellants by filing memo agrees
and accepts the proposal, whereas Mr. Pritam Kumar
Mohanty, learned counsel for R-1 and Mr. Prasanna Kumar
Panda, learned counsel for R-2 without disputing such
proposal, leaves it to the discretion and conscience of this
Court .
5. In the aforesaid facts and situation and taking
guidance from 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 counsels for the R-2-cum-
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insurer and the R-1-cum-owner of offending vehicle
without disputing such proposal leave 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.2,00,000/- (Rupees Two Lakhs)
only which shall be payable by the insurer-R2 to the
appellants-claimants.
6. In the result, the Appeal is accordingly disposed of
with a further enhancement of compensation by a

consolidated sum of Rs.2,00,000/- (Rupees Two Lakhs)
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
claimants-appellants in terms of the award.


(G. Satapathy)
Judge



Orissa High Court, Cuttack,
th
Dated the 9 day of November, 2026/S.Sasmal

Signature Not Verified

MACA No.1125 of 2024
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Digitally Signed
Signed by: SUBHASMITA SASMAL
Designation: Sr. Stenographer
Reason: Authentication
Location: High Court of Orissa
Date: 10-Nov-2026 18:08:23