Orissa High Court
Icici Lombard General vs Dasamu Kisan on 8 March, 2025
Author: Savitri Ratho
Bench: Savitri Ratho
IN THE HIGH COURT OF ORISSA AT CUTTACK
CMAPL No.478 of 2018
&
MACA No.1341 of 2017
CMAPL No.478 of 2018
ICICI Lombard General
Insurance Co. Ltd., Mumbai .... Appellant
Mr.G.P.Dutta, Advocate
-versus-
1.Dasamu Kisan
2.Ananta Kumbhar ... Resopndents
. Mr.Ch.Tarinini Praharaj Advocate
(for respondent No.1)
MACA No.1341 of 2017
ICICI Lombard General Insurance
Co. Ltd., Mumbai .... Appellant
Mr.G.P.Dutta, Advocate
-versus-
1.Dasamu Kisan
2.Ananta Kumbhar .... Respondents
Mr.Ch.Tarinini Praharaj Advocate
(for Respondent No.1)
CORAM:
HON'BLE MS. JUSTICE SAVITRI RATHO
ORDER
Order No. 08.03.2025
(Through hybrid mode)
04. 1. The MACA had been dismissed on 26.10.2018 for non-compliance
of peremptory order dated 14.09.2018.for non-deposit of statutory amount
of Rs.7,500/- by replacing the invalid cheque by a revalidated cheque and
to take steps for limitation within the time fixed by the Court.
2. Mr.Ch.Tarinini Praharaj, learned counsel has filed a common
Vakalatnama on behalf of the claimant-respondent No.1, Dasamu Kisan in
CMAPL No.478 of 2018 and in MACA No.1341 of 2017 in National Lok
Adalat today, which is taken on record.
3. Mr.Praharaj, learned counsel submits that he has no objection if
MACA is restored to file and disposed of in terms of the settlement
arrived at between the claimant and insurance company..
4. Considering the submission made, the CMAPL is allowed and the
MACA No.1341 of 2017 is restored to file.
5. Mr.G.P.Dutta, learned counsel for the appellant and Mr.Ch.Tarinini
Praharaj, learned counsel for the respondent No.1 are present.
6. The learned Additional District Judge-cum-3rd MACT, Kuchinda
vide judgment dated 27.10.2017 passed in M.A.C. Case No.32 of 2014
had directed the appellant-insurance company to pay a sum of Rs.15,000/-
(Rupees fifteen thousand only) along with interest @ 6% per annum from
the date of filing of the application till the date of payment to the claimant
and had granted right of recovery to the Insurance Company.
7. The compromise memo signed by Mr.G.P.Dutta, learned counsel
for the appellant-insurance company and Mr.Ch.Tarinini Praharaj,
learned counsel for claimant-respondent No.1 in Court today is taken on
record.
8. It is now agreed between the appellant-insurance company and
respondent No.1-claimant that a consolidated amount of Rs.17,000/-
(Rupees seventeen thousand only) shall be paid by the Insurance
Company to the claimant-respondent No.1 within a period of eight weeks
from today.
9. It is therefore directed that the appellant-insurance company shall
deposit the aforesaid consolidated agreed amount of Rs.17,000/- (Rupees
seventeen thousand only) before the learned Tribunal within a period of
eight weeks from today and the same shall disbursed to the claimant-
respondent No.1 Right of recovery is confirmed.
10. As the settlement is arrived at before the National Lok Adalat, no
court fee shall be levied.
11. The CMAPL and MACA are disposed of.
(Savitri Ratho)
Judge
ST
1 National Lok Adalat
Bichi
Signed by: BICHITRANANDA SAHOO
