Shri Ram General Insurance vs Fagini Bag
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Orissa High Court

Shri Ram General Insurance vs Fagini Bag on 10 January, 2025

Author: Savitri Ratho

Bench: Savitri Ratho

            IN THE HIGH COURT OF ORISSA AT CUTTACK
                       MACA No. 314 of 2024

Shri Ram General Insurance                                                    Appellant
Company Ltd., Bargarh                    .....
                                                             Mr. G.P. Dutta, Advocate
                                          Vs.
1.   Fagini Bag
2.   Udekar Bag                          .....
3.   Rinki Bag
4.   Siddhanta Bag                                                        Respondents
5.   Basudeb Dash
                                                Mr. Pradeep Kumar Mishra, Advocate
                                                      (For Respondent Nos. 1, 3 & 4)
             CORAM:
                   JUSTICE SAVITRI RATHO
                                 ORDER

14.12.2024 Order No. (Through hybrid mode)

02.

1. Learned counsel for the appellant - Insurance Company and learned counsel for the claimants-respondent nos. 1, 3 and 4 are present.

2. This appeal has been filed by the appellant - Insurance Company, challenging the judgment and order dated 24.01.2023 passed by the learned Additional District Judge-cum-Judge, 3rd MACT, Bargarh in M.A.C. Case No. 92/63 of 2015-17 directing the appellant - Insurance Company to pay an amount of Rs.9,77,200/- (Rupees Nine Lakhs Seventy Seven Thousand Two Hundred) only to the claimants with Simple Interest @ 7% per annum from the date of filing of the case i.e. from 25.06.2015 till the date of payment, with a right to recovery from the owner.

3. It is now agreed between the appellant- Insurance Company and the counsel for respondents no.1, 3 & 4- Claimants that a modified consolidated amount of Rs.11,15,620/- (Rupees Eleven lakhs Fifteen Thousands Six Hundred Twenty) only without any interest shall be paid

by the appellant- Insurance Company to the respondents no.1 to 4- claimants within a period of eight weeks.

4. The compromise memo signed by Mr. Manas Ranjan Panigrahi authorized signatory of the Insurance Company, Mr. G.P. Dutta, learned counsels for the appellant-Insurance Company and Mr. P.K. Mishra, learned counsel for respondents no.1, 3 & 4 is available in the record.

5. It is therefore directed that the appellant- Insurance Company shall deposit the aforesaid consolidated amount of Rs.11,15,620/- (Rupees Eleven lakhs Fifteen Thousands Six Hundred Twenty) within a period of eight weeks from today before the Tribunal. The amount shall be

* corrected vide apportioned between the respondents no.*1, 3 and 4 1 to 4 - Fagini Bag, order dated 10.01.2025 Udekar Bag, Rinki Bag and Siddhanta Bag proportionately by the Tribunal. The right of recovery from the owner-Respondent No.5 is confirmed.

6. As the settlement is arrived at before the 4th National Lok Adalat, no court fee shall be levied.

7. The MACA is accordingly disposed of.

(Savitri Ratho) Judge th 4 National Lok Adalat puspa

Signed by: PUSPANJALI MOHAPATRA