Orissa High Court
MACA/384/2018 on 11 January, 2021
MACA No.384 of 2018
06. 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 Addl. District Judge-cum-Member, 4th Motor
Accident Claims Tribunal, Kalahandi, Bhawanipatna has awarded
a compension of Rs.1,80,000/- to the appellants-claimants. The
respondent no.2 was directed to pay the same along with interest
@ 6% per annum from the date of filing of the claim petition to the
appellants-claimants.
On compromise the parties have settled that a further
sum of Rs.1,00,000/-(rupees one lakh thousand) only shall be
paid to the claimants as a consolidated amount within two
months of receipt of this order. The right of recovery granted by
the Tribunal may be confirmed.
Hence, the MACA is disposed of with the modified
order that the Insurance Company shall pay a further sum of
Rs.1,00,000/- (rupees one lakh) (consolidated) by depositing the
same in the Tribunal within eight weeks from the date of receipt
of this order. On such deposit the enhanced amount, it shall be
disbursed among the claimants in consonance with the direction
given by the Tribunal in the impugned judgment. The right of
recovery granted by the Tribunal is hereby confirmed.
Accordingly, on the basis of the submisions and
memo filed by the parties, the order dated 19.12.2020 passed in
MACA is modified to the above extent. The observations made in
2
the National Lok Adalat awarding interest at the rate of 9% p.a.
from the date of filing of the claim petition shall not be given effect
to.
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
