Divisional Manager vs Mohammad Julfukar Alli
2022 Latest Caselaw 2632 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                            MACA No.291 of 2020

            Divisional Manager, New India
            Assurance Co. Ltd. Bhubaneswar        ....           Appellant
                                               Mr. N.C.Mohanty, Advocate
                                        Versus
            1. Mohammad Julfukar Alli
            2.Kudartun Bibi @ Udaratun
            3.Synaz Parween
            4.Sazeed Alli
            5. Saheel Alli
            6.Ismayle Alli represented through
            father guardian Md.Julfukar Alli-
            Respondent No.1
            7. Sisira Kumar Pradhan               ....        Respondents
                                             Mr. Lingaraj Dash, Advocate
                                             (For Respondents No. 1 to 6 )


                 CORAM:
                     JUSTICE SAVITRI RATHO

                                        ORDER

Order No.                              14.05.2022

   04.      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 is present. The memo in support of the compromise between the Appellant and Respondents No. 1 to 6- Claimants is kept in the record.

3. The learned 3rd Addl. District Judge-cum-4th M.A.C.T., Cuttack had directed the Appellant-Insurance Company to pay an amount of Rs.10,26,000/- (Rupees ten lakh twenty six thousand only) to the Claimants alongwith simple interest at the rate of 6% per annum from the date of filing of the claim application,

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i.e., 21.08.2013 till date of payment, vide judgment dated 28.08.2019 passed in M.A.C. Case No.523 of 2013/412 of 2017 (Computer No.6077 of 2014).

4. It is now agreed between the Appellant-Insurance Company and Claimants-Respondents that a modified amount of Rs.6,50,000/- (Rupees six lakh fifty thousand) 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.6,50,000/- (Rupees six lakh fifty thousand) alongwith 6% interest from the date of filing of the claim application, i.e., 21.08.2013 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 of the awarded amount, 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