Orissa High Court
MACA/236/2019 on 11 January, 2021
MACA No.236 of 2019
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, Bhubaneswar has awarded a compension of
Rs.3,49,972/- to the appellants-claimants. The respondent no.2
was directed to pay the same along with interest @ 7% per
annum from the date of filing of the claim petition to the
appellants-claimants. In the event of default payment of the
same, the amount will carry interest at the rate of 8% p.a. from
the date of filing of the claim petition.
On compromise the parties have settled that a
further sum of Rs.1,00,000/-(rupees one lakh) only shall be paid
to the claimants as a consolidated amount within two months of
receipt of this order.
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 proportionately to the claimants in consonance with
the direction given by the learned 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
2
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.
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
