MACA/705/2020
2021 Latest Caselaw 339 Ori

                                 MACA No.705 of 2020




04.   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, 3rd Motor Accident Claims
                   Tribunal,   Jagatsinghpur       has      awarded   a   compension    of
                   Rs.14,32,467/-     to    the   present    respondents-claimants.    The
                   present appellant        was directed to pay the same along with
                   interest @ 7% per annum from the date of filing of the claim
                   petition to the claimants.
                                 On compromise the parties have settled that a sum
                   Rs. 10,00,000/- (rupees ten lakh) only (consolidated)        shall be
                   paid to the present respondents-claimants within two months of
                   receipt of this order.
                                 Hence, the MACA is disposed of with the modified
                   order that the Insurance Company shall pay the consolidated
                   amount of Rs.10,00,000/-(rupees ten lakh) only by depositing
                   the same in the Tribunal within eight weeks from the date of
                   receipt of this order. On such deposit the consolidated amount, it
                   shall be disbursed proportionately to the present respondents-
                   claimants in consonance with the direction given by the Tribunal
                   in the impugned judgment.
                                 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
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      date of filing of the claim petition shall not be given effect to.
                   Statutory amount deposited before the Registrar
      (Judicial) be refunded to the Insurance Company along with
      interest accured thereon, after showing receipt of payment of the
      consolidated amount.
                   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.

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......................... 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.

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05.09.2019