Orissa High Court

Oriental Insurance vs Atak @ Adhak Pandey And on 10 May, 2025

Author: Biraja Prasanna Satapathy

Bench: Biraja Prasanna Satapathy

  IN THE HIGH COURT OF ORISSA AT CUTTACK
            MACA No.1211 of 2024
Oriental Insurance               .....         Appellant
Company Ltd., Cuttack                     Mr. A.A. Khan, Advocate
                              -versus-
Atak @ Adhak Pandey and         .....         Respondents
Others                                   Mr. D. Pattanaik, Advocate
                                         (Respondent Nos. 1 to 6)

                  CORAM:
    THE HON'BLE MR. JUSTICE BIRAJA PRASANNA
                  SATAPATHY
                   ORDER

10.05.2025 Order No.02

1. This appeal is taken up in the 2ndNational Level Lok Adalat through Virtual/Physical Mode in presence of the Advocates/Representatives of both the Parties.

2. Heard.

3. This appeal has been filed challenging the award passed by the learned 2nd Addl. District Judge-cum- Judge, 3rd MACT, Cuttack in MAC Case No. 737 of 2018 vide judgment dated 17.02.2024

4. Vide the said judgment, the Tribunal allowed the claim of the Claimants-Respondents with a direction on the Appellant-Company to pay sum of Rs.14,98,960/- along with interest @ 7% per annum payable from the date of application till the date of realization .

5. However, in course of deliberation, it was agreed to settle the dispute with payment of compensation amount of Rs.12,50,000/- along with interest @ 6% per annum payable from the date of application till its realization. It was also agreed that the compensation amount will be deposited by the Appellant-Company before the Tribunal within a period of eight (8) weeks from the date of receipt of the order. It is also agreed in between the Parties that the penal interest so allowed by the Tribunal @ 12% be waived out.

6. In view of such compromise so effected, this Court while waiving out the penal interest @ 12%, directed the Appellant-Company to deposit compensation amount of Rs.12,50,000/- so arrived at in between the Parties along with interest @ 6% per annum payable from the date of application till its payment within a period of eight (8) weeks from the date of receipt of this order. On such deposit of the amount, the Tribunal shall disburse the same in favour of the Claimants-Respondents proportionately in terms of the judgment passed on 17.02.2024. On deposit of the entire amount along with interest, the statutory deposit made before this Court be refunded along with accrued interest, if any, thereon to the Appellant-Company on proper identification.

7. The compromise petition filed by both the parties be kept on record.

8. The MACA is accordingly disposed of.

Biraja Prasanna Satapathy, J (2nd National Lok Adalat)

sangita

Reason: authentication of order Location: high court of orissa, cuttack Date: 27-May-2025 11:57:04