Divisional Manager vs Gitanjali Jena
2022 Latest Caselaw 2631 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                            MACA No.319 of 2020

            Divisional Manager, New India
            Assurance Co. Ltd.                        ....           Appellant
                                                      Mr.P.R.Sinha, Advocate
                                        Versus
            1. Gitanjali Jena
            2.Subhankar Jena minor
            represented through mother
            guardian Gitanjali Jena-
            Respondent No.1
            3.Golakha Bihari Jena
            4.Sukamani Jena
            5.Vemula Koteswara Rao               ....        Respondents
                                           Mr.Debasish Patnaik, Advocate
                                                 (Respondent Nos.1 to 4)

                 CORAM:
                     JUSTICE SAVITRI RATHO

                                        ORDER

Order No.                              14.05.2022

   06.      1.      This matter is taken up today in the National Lok Adalat
            through hybrid mode.

2. The Manager, T.P. Claims Hub of the Appellant Insurance Company and learned counsel for the Respondents No. 1 to 4-Claimants are present. The memo in support of the compromise between the Appellant and Respondent Nos.1 to 4 is kept in the record.

3. The learned M.A.C.T.-I, Bhadrak had directed the Appellant-Insurance Company to pay an amount of Rs.28,81,500/- (Rupees twenty eight lakhs eighty one thousand five hundred only) with accrued interest @ 7.5% per annum to the Claimants from the date of filing of the claim application,

// 2 //

i.e., 13.07.2016 till payment, vide judgment dated 08.04.2019 passed in M.A.C. Case No.74 of 2016.

4. It is now agreed between the Appellant-Insurance Company and Respondents No. 1 to 4-Claimants that a modified amount of Rs.20,00,000/- (Rupees twenty lakhs only) alongwith 6% interest shall be paid by the Appellant-Insurance Company to the Claimants-Respondents within a period of eight weeks.

5. It is therefore directed that the Appellant-Insurance company shall deposit the aforesaid amount of Rs.20,00,000/- (Rupees twenty lakhs only) alongwith 6% interest from the date of filing of the claim application, i.e., 13.07.2016 within a period of eight weeks from today before the Tribunal. The Tribunal shall apportion the amount proportionately among the Claimants.

6. As the settlement is arrived at before the National Lok Adalat, no court fee shall be levied. On production of proof of deposit, the statutory amount shall be refunded to the appellant Insurance Company along with accrued interest, on proper application.

7. The MACA is accordingly disposed of.

8. Urgent certified copy of this order be granted on proper application.

(Savitri Ratho) Judge National Lok Adalat

Bichi