The Divisional Manager vs Josef Purti
2025 Latest Caselaw 11174 Ori

Orissa High Court

The Divisional Manager vs Josef Purti on 13 December, 2025

Author: S.K. Sahoo

Bench: S.K. Sahoo

            IN THE HIGH COURT OF ORISSA AT CUTTACK

                          MACA No.255 of 2025

              The Divisional Manager,
              New India Assurance                .... Appellant
              Company Ltd.

                                Mr. P.K. Tripathy, Advocate.

                                     -versus-
              1. Josef Purti
              2. Golap Purti
              3. Somanath Badapanda              .... Respondents

                                Mr. P.K. Mishra, Advocate for
                                respondent nos.1 & 2.

                                CORAM:
                            JUSTICE S.K. SAHOO

                                 ORDER

Order No. 13.12.2025

05. This matter is placed in the National Lok Adalat and is taken up through Hybrid arrangement (video conferencing/physical mode).

Learned counsel for the appellant as well as learned counsel for the respondents nos.1 & 2 and Officers of the Insurance Company are present.

Learned counsel for respondents nos.1 & 2 filed a memo today stating therein that during pendency of the appeal, respondent no.1 namely, Josef Purti has already been dead and as the other legal heir is in the record, no substitution is required. So, his name be

deleted from the cause title. The memo is kept on record.

In view of the memo filed, the name of respondent no.1, Josef Purti is deleted from the case record.

As agreed by the parties, the awarded amount of Rs.5,45,000/- (five lakhs forty five thousand) with interest at the rate of 6% per annum from the date of filing of the claim application i.e. 15.07.2019 is modified and reduced to Rs.4,50,000/- (four lakhs fifty thousand) with simple interest at the rate of 6% per annum from the date of claim application before the Tribunal i.e. 15.07.2019. The compromise sheet signed by both the parties/their authorized representatives is taken on record.

It is further directed that the appellant- Insurance Company shall deposit the modified amount along with interest as directed above within a period of two months from the date of receipt of this order before the learned 4th M.A.C.T, Keonjhar in M.A.C. Case No.94/139 of 2021-2019. On depositing the same, the learned Tribunal shall reapportion the amount keeping in view the ratio fixed in the impugned judgment and accordingly, resettle the amount in favour of the claimant-respondent No.2. The right of recovery as granted by the learned Tribunal is to be continued.

On production of proof regarding deposit of the modified amount before the Tribunal, the statutory deposit along with accrued interest be refunded to the Insurance Company on proper application.

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

Accordingly, the MACA is 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

Signed by: RABINDRA KUMAR MISHRA Designation: Personal Assistant Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 16-Dec-2025 11:24:19