Lili @ Lillipriya Senapati & vs The Divisional Manager
2023 Latest Caselaw 11019 Ori

             IN THE HIGH COURT OF ORISSA AT CUTTACK

                              MACA No.1067 of 2015

                 Lili @ Lillipriya Senapati & ....                   Appellants
                 others
                                    Mr. A.K. Otta,
                                    Advocate


                                           -versus-
                 The Divisional Manager,              ....       Respondents
                 Universal Sompo General
                 Insurance Co. Ltd. and
                 another

                                     Mr. A.A. Khan,
                                     Advocate

                  CORAM: JUSTICE SANJAY KUMAR MISHRA
                                           ORDER

Order No. 09.09.2023

07. This matter is taken up through hybrid mode in the 3rd National Lok Adalat, 2023.

2. Learned Counsel for the parties are present.

3. Learned Counsel for the Appellants submits that during pendency of this Appeal, Appellant No.5 (Bairagi Senapati) died and since other Appellants are the legal heirs of the deceased Appellant No.5, there is no need to take necessary step for substitution of the said deceased Appellant. He prays for deletion of the name of Appellant No.5 from the cause title.

4. In view of the prayer made by the learned Counsel for the Appellants, Office is directed to delete the name of Appellant No.5 from the cause title.

5. Learned Counsel for the parties files Joint Compromise Petition indicating therein that parties have arrived at a compromise without any coercion and undue influence and settled the dispute at Rs.4,00,000/- (Rupees four lakhs) towards further consolidated compensation amount over and above the awarded amount, which has already been disbursed in favour of the Appellants (claimants before the court below) in terms of the impugned judgment dated 04.12.2014 passed in MAC Case No.126 of 2011. The Joint Compromise Petition be kept on record.

6. As agreed between the parties, the enhanced amount as indicated above shall be deposited by the Insurance Company before the Tribunal in shape of cheque within eight weeks hence. On deposit of such amount, the Tribunal shall disburse the same in favour of the remaining Appellants (claimants before the court below) at the earliest in accordance with law.

7. Accordingly, the MACA is disposed of.

(S. K. MISHRA, J.) NATIONAL LOK ADALAT

Prasant

Signature Not Verified Digitally Signed Signed by: PRASANT KUMAR PRADHAN Designation: Secretary Reason: Authentication Location: High Court of Orissa, Cuttack Date: 10-Sep-2023 17:08:07