M/S. National Insurance Co vs Jyosna Giri & Ors
2025 Latest Caselaw 454 Ori

Orissa High Court

M/S. National Insurance Co vs Jyosna Giri & Ors 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.1241 of 2024
        M/s. National Insurance Co.         ....                   Appellant(s)
        Ltd., Cuttack.
                                                   Mr. Subrat Satpathy, Adv.
                                     -versus-
        Jyosna Giri & Ors.                 ....                 Respondent(s)

Mr. Bishnubrata Singh, Adv.

(for R-1 to 5) CORAM:

Dr. JUSTICE S.K. PANIGRAHI

Order ORDER No. 10.05.2025

01. 1. This matter is taken up through hybrid arrangement

(virtual/physical mode) in the 2nd National Lok Adalat, 2025.

2. Learned counsel for the Appellant/ Insurance Company and

learned counsel for the Respondent Nos.1 to 5/ Claimants are

present. Mr. M.K. Sahu, Manager & Officer-In-Charge of M/s.

National Insurance Co. Ltd., Cuttack is also present.

3. The Appellant/ Insurance Company has filed this MACA

challenging the judgment and award dated 24th July, 2024 passed

by the learned 3rd MACT, Balasore in MAC Case No.223 of 2019

thereby directing the Appellant/ Insurance Company to pay

award amount of Rs.13,40,000/- (Rupees thirteen lakh forty

thousand only) to the Respondent Nos.1 to 5/Claimants with

interest @ 7.5 % per annum from the date of application till

payment within a period of two months of passing of that award.

// 2 //

Location: ORISSA HIGH COURT, CUTTACK

4. At present, on the basis of the compromise made between the

parties, the claim is settled by modifying/ reducing the amount

awarded from Rs.13,40,000/- (Rupees thirteen lakh forty

thousand only) to Rs.11,60,000/- (Rupees eleven lakh and sixty

thousand only) with interest @ 6 per cent per annum from the

date of application. The Insurance Company undertakes to re-

calculate and deposit the modified award amount before the

learned 3rd MACT, Balasore in MAC Case No.223 of 2019 within a

period of eight weeks hence along with the interest @ 6 per cent

per annum.

5. On deposit of the modified award amount along with the

interest as stated above before the learned 3rd MACT, Balasore in

MAC Case No.223 of 2019, the same shall be disbursed to the

Respondent Nos.1 to 5/Claimants, in terms of its order

proportionately. Moreover, on filing of a receipt evidencing the

deposit before this Court with a refund application, the statutory

deposit, if any, made before this Court with accrued interest

thereon shall be refunded to the Appellant/Insurance Company.

6. The MACA is, accordingly, disposed of.

( Dr. S.K. Panigrahi) Judge 2nd National Lok Adalat, 2025 B. Jhankar