Orissa High Court
MACA/169/2020 on 11 January, 2021
MACA No.169 of 2020
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 learned Member, 2nd Motor Accident Claims
Tribunal (Southern Division), Berhampur, Ganjam has awarded
a compension of Rs.12,60,840/- (rupees twelve lakh sixty
thousand eight hunrded forty) to the 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. 11,30,000/- (rupees eleven lakh thirty thousand) only along
with interest at the rate of 6% from the date of filing of the claim
petition shall be paid to the present respondents-claimants as a
reduced 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 the reduced amount
of Rs.11,30,000/- (rupees eleven lakh thirty thousand) only
along with interest at the rate of 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 to the claimants
proportionately in consonance with the direction given by the
Tribunal in the impugned judgment.
Accordingly, on the basis of the submisions and
2
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.
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
reduced 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.
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
