Sanjay Palei vs Prasanna Kumar Sahoo
2023 Latest Caselaw 5913 Ori

               IN THE HIGH COURT OF ORISSA AT CUTTACK
                                MACA No. 63 of 2022
   Sanjay Palei                                 ....                     Appellant

                                              Mr. Sabyasachi Mishra, Advocate
                                        on behalf of Mr. S.K. Mohanty, Advocate
                                      Versus
   1.Prasanna Kumar Sahoo
   2. The Divisional Manager, Bajaj Allianz
   General Insurance Co. Ltd.
                                                    ....              Respondents

None (Respondent No.1) Mr. Sayed Asif Ali, Advocate (For Respondent No.2) CORAM:

JUSTICE SAVITRI RATHO Order ORDER No. 13.05.2023

07. 1. This appeal has been filed challenging the judgment dated 06.09.2021 passed in M.A.C. Case No. 50/2015 by the learned ADJ-cum- MACT (III), Kendrapara directing the Respondent No.2-Insurance Company to pay compensation amount of Rs. 77,000/- (Rupees Seventy Seven thousand) only with interest @ 6% per annum with effect from the date of filing of the claim application i.e. 13.07.2015 to the claimant. Learned Tribunal had granted liberty to the Insurance Company to realize the compensation so paid to the petitioner from the owner under due process of law.

2. Though notice had been issued to the respondents in the I.A. as well as the MACA and the A.D. is back after valid service, neither the respondent no.1 nor any counsel appears for respondent no.1.

3. Mr. S. Mishra, learned counsel on behalf of Mr. S.K. Mohanty, learned counsel for the Appellant-Claimant and Mr. S.A. Ali, learned counsel for the Respondent No.2-Insurance Company are present.

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4. It is now agreed by the Claimant-Appellant and the Insurance Company-Respondent No.2 that a further consolidated amount of Rs.1,00,000/- (Rupees one lakh only) shall be paid by the Insurance Company to the Claimant-Appellant within a period of eight weeks.

5. The compromise memo signed by Mr. S.K. Mohanty, learned counsel for the Claimant-Appellant, Mr. S.A. Ali, learned counsel for the Respondent No.2 and the authorized signatory of Respondent No.2 is available in the record.

6. It is therefore directed that the Respondent No.2-Insurance Company shall deposit the aforesaid consolidated amount of Rs.1,00,000/- (Rupees one lakh only) within a period of eight weeks from today before the Tribunal.

7. As the settlement is arrived at before the National Lok Adalat, no court fee shall be levied.

8. The MACA is accordingly disposed of.

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

(Savitri Ratho) Judge nd 2 National Lok Adalat

puspa

Signature Not Verified Digitally Signed Signed by: PUSPANJALI MOHAPATRA Designation: PERSONAL ASSISTANCE Reason: Authentication Location: ORISSA HIGH COURT Date: 16-May-2023 18:33:57