Orissa High Court
MACA/797/2019 on 11 January, 2021
MACA No.797 of 2019
05. 11.01.2021 Matter is taken up through video conferencing.
Matter is listed today for orders on being mentioned
by the Insurance Company for correction of the order passed on
19.12.2020.
Heard learned counsel appearing for the parties.
Mr. S.S. Ahmed, Regional Manager of the Oriental
Insurance Co. Ltd, Regional Office, Bhubaneswar is also
connected through virtual mode.
The learned Member, 1st Motor Accident Claims
Tribunal, Jajpur has awarded a compension of Rs.22,09,400/- to
the claimants-opposite parties. The appellant was directed to
pay the same along with interest @ 6% per annum from the date
of filing of the claim petition to the claimants.
On compromise the parties have settled that a sum
of Rs.19,25,000/-(rupees ninteen lakhs twenty-five thousand)
only shall be paid to the claimants as a reduced amount along
with interest @ 6% p.a. from the date of filing of the claim
petition within two months of receipt of this order. The right of
recovery as granted by the Tribunal may be confirmed.
Hence, the MACA is disposed of with the modified
order that the Insurance Company shall pay reduced amount of
Rs. 19,25,000/-(rupees ninteen lakhs twenty-five thousand) only
along with interest @ 6% from the date of filing of the claim
petition by depositing the same in the Tribunal within eight
weeks from the date of receipt of this order. On such deposit the
reduced amount, it shall be disbursed proportionately to the
claimants in consonance with the direction given by the
Tribunal in the impugned judgment. The right of recovery as
granted by the Tribunal is also confirmed. The stipulation of
default interest @ 9% is hereby set aside.
2
Accordingly, on the basis of the submisions and
memo filed by the parties, the order dated 19.12.2020 passed in
MACA is modified. The observations made in the National Lok
Adalat awarding interest at the rate of 9% per annum from the
date of filing of the claim petition shall not be given effect to.
On production the receipt showing deposit of the
aforesaid amount along with interest before the Tribunal, the
statutory deposit along with accured interest be refuned to the
Insurance Company on proper application.
As restrictions are continuing for COVID-19, learned
counsel for the parties may utilize the soft copy of this order
available in the High Court's website or print out thereof at par
with certified copies in the manner prescribed, vide Court's
Notice No.4587, dated 25.03.2020.
pcd
.........................
S.K. Mishra, J.
MACA No.909 of 2019
03. 20.12.2019 Statutory amount of Rs.25,000/- deposited in the
shape of account payee cheque be invested in an interest bearing
account of any nationalised Bank.
List this matter in the 3rd week of January, 2020,
after re-opening of the Court, after ensuing winter holidays.
.........................
S.K. Mishra, J.
pcd
.........................
S.K. Mishra, J.
MACA No.7098 of 2019
03. 14.11.2019
Statutory amount of Rs.25,000/- deposited in the
shape of account payee cheque be invested in an interest bearing
account of any nationalised Bank.
After payment of deficit Court fee, list it.
.........................
S.K. Mishra, J.
pcd
05.09.2019
