IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.32518 of 2021 Shushila Mahanta & …. Petitioners another Mr. L. Bhuyan, Advocate -versus-

Rajashree Mohapatra & …. Opposite Parties others Mr. A.A. Khan, Advocate (For Opposite Party No.2)

CORAM: JUSTICE SANJAY KUMAR MISHRA

ORDER

06.11.2025 Order No.

21. This matter is taken up through hybrid mode.

2. The writ petition has been preferred by the Petitioners, who are the parents of deceased Manoranjan Mahanta, to set aside the award dated 19.09.2021 passed by the learned 1st M.A.C.T., Keonjhar in MAC No.188 of 2019 in the 3^rd National Lok Adalat held at Keonjhar, on the grounds detailed in the writ petition.

3. The issue involved in the present writ petition is entitlement of Opposite Party No.3, namely, Jhunu Mahanta, who claimed herself to be the wife of deceased Manoranjan Mahanta.

4. The Petitioners are aggrieved by the award dated 19.09.2021, as the learned Court below apportioned the compensation amount of Rs.9,50,000/- amongst the Petitioners so also Opposite Party No.3 as per the following terms:

“The Insurer shall pay the awarded amount within three months failing which the claimant-Petitioner shall be entitled to recover the same with simple interest @ 9% per annum from the date of application till the date of realization. The Insurer shall also make payment by issuing Account Payee cheques in favour of the Claimant Petitioner accordingly through this Tribunal. Out of the awarded amount, a sum of Rs.3,50,000/- in the name of the Petitioner namely Jhunu Mahanta & a sum of Rs.3,15,000/- jointly in the name of the petitioners namely, Shushila Mahanta & Chakradhar Mahanta for a period of 6 years be kept in fixed deposit scheme in any Nationalized Bank with quarterly interest payable to them. Further, a sum of Rs.1,50,000/- in the name of Jhunu Mahanta & a sum of Rs.1,35,000/- jointly in favour of Shushila Mahanta & Chakhradhar Mahanta be released jointly in cash. No loan against the said fixed deposit nor any kind of premature withdrawal without the prior permission of the Court shall be allowed.”

5. Mr. Bhuyan, learned Counsel for the Petitioners submits, as per the instruction received, his clients have no grievance with regard to quantum of compensation of Rs.9,50,000/- as ordered by the learned 1st M.A.C.T., Keonjhar in the 3rd National Lok Adalat. However, they have grievance with regard to the apportionment of the said award giving share to the Opposite Party No.3 out of the compensation amount.

6. As is revealed from the record, though notice was duly served on Opposite Party No.3, she chose not to appear and contest the case. However, in this regard, paragraph Nos.3 to 6 of order dated 12.02.2024, being relevant, are reproduced below:

“3. Learned Counsel for the Petitioners files an Additional Affidavit enclosing thereto the certified copy of the order dated 12.09.2023 passed by the Sub-Collector, Champua, in Misc. Certificate Appeal Case No.03/2021, vide which the said authority held that the Tahasildar, Jhumpura has committed an error while passing order for issuance of legal heir certificate without proper enquiry. Accordingly, the legal heir certificate issued vide Misc. Certificate Case No.e-

LHC/2021/102516 was set aside.

4. A query being made, Mr. Bhuyan, learned Counsel for the Petitioners fairly submits, against the said order passed by the Sub- Collector, Champua, the present Opposite Party No.3 has challenged the said order in Misc. Certificate Case No.11/2023 before the Court of the Collector & District Magistrate, Keonjhar and notice being issued by the said Authority, the Petitioners have already rendered appearance in the said case on 02.12.2023 and the matter is now subjudice before the said authority.

5. Mr. Bhuyan hands up a photocopy of the said notice received in Misc. Certificate Case No.11/2023 by his clients. The same be kept on record.

6. In view of the said submission made by the learned Counsel for the Petitioners, matter stands adjourned, to be listed in