The Divisional Manager vs Nirupama Samal
2023 Latest Caselaw 5916 Ori

            IN THE HIGH COURT OF ORISSA AT CUTTACK

                       MACA No.372 of 2023

             The Divisional Manager        ....      Appellant
             (T.P. Cell),
             The New India Assurance
             Co. Ltd.

                             Mr. G.C. Samantaray, Advocate

                                -versus-

             1. Nirupama Samal
             2. Jayanta Kumar Routray      ....   Respondents

                             Mr. P.K. Mishra, Advocate for
                             respondent no.1

                       MACA No.404 of 2023

             Prakash Samal                 ....      Appellant

                             Mr. P.K. Mishra, Advocate

                               -versus-
             1. Jayanta Kumar Routray
             2. The New India
                Assurance Co. Ltd.
                                           ....   Respondents

                             Mr. G.C. Samantaray, Advocate
                             for respondent no.2

                              CORAM:
                          JUSTICE S.K. SAHOO
                               ORDER

Order No. 13.05.2023

01. Both the appeals are placed in the National Lok Adalat are taken up through Hybrid arrangement // 2 //

(Video Conferencing/physical mode).

Learned counsel for the appellant in MACA No.372 of 2023, Officers of the Insurance Company and the learned counsel for the respondent no.1 are present and in MACA No.404 of 2023, the learned counsel for the appellant as well as learned counsel for the respondent No.2 and Officers of the Insurance Company are present.

As agreed by the parties, the awarded amount of Rs.19,53,278/- (rupees nineteen lakhs fifty three thousand two hundred seventy eight) with simple interest at the rate of 6% per annum from the date of filing of the claim application i.e. 10.12.2013 is modified and reduced to Rs.18,50,000/- (Rupees eighteen lakhs fifty thousand) which shall carry simple interest at the rate of 6% per annum from the date of claim application before the Tribunal i.e. 10.12.2013.

It is further directed that the appellant- Insurance Company in MACA No.372 of 2023 shall deposit the modified amount along with interest as directed above within a period of two months from today. On depositing the same, the learned Tribunal shall reapportion the amount to the claimant keeping in view the ratio fixed in the impugned judgment and accordingly, resettle the amount in favour of the claimant.

On production of proof regarding deposit of the

// 3 //

modified amount before the Tribunal, the statutory deposit along with accrued interest be refunded to the Insurance Company in MACA No.372 of 2023 on proper application.

As the settlement is arrived at before the Lok Adalat, no Court fee shall be levied from the claimant.

Accordingly, both the MACAs are disposed of. Free copies of this order be handed over to the learned counsel for both sides.

( S.K. Sahoo, J.) (National Lok Adalat) RKM

Signature Not Verified Digitally Signed Signed by: RABINDRA KUMAR MISHRA Designation: Personal Assistant Reason: Authentication Location: HIGH COURT OF ORISSA Date: 17-May-2023 11:51:00