Citation : 2021 Latest Caselaw 342 Ori
Judgement Date : 11 January, 2021
MACA No.301 of 2014
13. 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, Balasore has awarded a compension of Rs.7,96,500/-
to the appellants-claimants. The respondent no.2 was directed to
pay the same along with interest @ 7.5% 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.3,50,000/-(rupees three lakh fifty thousand) only shall
be paid to the claimants as a consolidated amount within two
months of receipt of this order. The amount awarded shall not
carry any interest.
Hence, the MACA is disposed of with the modified
order that the Insurance Company shall pay a further sum of
Rs.3,50,000/- (rupees three lakh fifty thousand) (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.
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
2
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
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