Orissa High Court
Mirabai Mohanty And Anr vs Akshaya Kumar Tripathy & Anr on 10 May, 2025
Author: S.K. Panigrahi
Bench: S.K. Panigrahi
Signature Not Verified
Digitally Signed
Signed by: BHABAGRAHI JHANKAR
Reason: Authentication
Location: ORISSA HIGH COURT, CUTTACK
Date: 02-Jun-2025 14:09:14
IN THE HIGH COURT OF ORISSA AT CUTTACK
MACA No.625 of 2009
Mirabai Mohanty and Anr. .... Appellant(s)
Mr. K.C. Nayak, Adv.
-versus-
Akshaya Kumar Tripathy & Anr. .... Respondent(s)
Mr. Prasanta Kumar Mahali, Adv.
(for R-2)
CORAM:
Dr. JUSTICE S.K. PANIGRAHI
ORDER
Order
No. 10.05.2025
06. 1. This matter is taken up through hybrid arrangement
(virtual/physical mode) in the 2nd National Lok Adalat, 2025.
2. Learned counsel for the Appellants/ Claimants and learned
counsel for the Respondent No.2/ Insurance Company are
present. Mr. M.K. Sahu, Manager & Officer-In-Charge of M/s.
National Insurance Co. Ltd., Cuttack is also present in Court.
3. The Appellants/ Claimants have filed this MACA challenging
the judgment and award dated 18th March, 2009 passed by the
learned 2nd MACT, Cuttack in Misc. Case No.32 of 2002 thereby
directing the Respondent No.2/ Insurance Company to pay
award amount of Rs.14,00,000/- (Rupees fourteen lakh only) to
// 2 //
Location: ORISSA HIGH COURT, CUTTACK
the Appellants/Claimants along with interest @ 7% per annum
from the date of application till payment within a period of one
month of passing of that award.
4. At present, on the basis of the compromise made between the
parties, the claim is modified and settled by a further
consolidated sum of Rs.2,80,000/- (Rupees two lakh eighty
thousand only) over and above the awarded amount.
5. The Respondent No.2/Insurance Company is directed to
deposit the aforesaid consolidated award amount before the
learned 2nd MACT, Cuttack in Misc. Case No.32 of 2002 within a
period of eight weeks, whereafter the same shall be disbursed in
favour of the Claimant(s) in terms of the order and also after
keeping proof of identification. The impugned award is modified
to the above extent.
6. At this juncture, it is stated that the original award amount has
not been paid to the Appellants/ Claimants. In such premises, it is
directed that if the Appellants/ Claimants have not received the
original award amount, the Respondent No.2/ Insurance
Company shall deposit the original award amount along with the
consolidated award amount before the learned 2nd MACT,
Cuttack in Misc. Case No.32 of 2002, whereafter the same shall be
disbursed in favour of the Claimant(s) in terms of its order as
stated supra.
7. The MACA is, accordingly, disposed of.
// 3 //
Location: ORISSA HIGH COURT, CUTTACK
8. The MACA having been disposed of in the 2nd National Lok
Adalat, 2025, Court fee, if any, is not payable.
( Dr. S.K. Panigrahi)
Judge
2 National Lok Adalat, 2025
nd
B. Jhankar
