Orissa High Court

M/S. Oriental Insurance vs Anil@ Anil Kumar Bhoi on 10 May, 2025

Author: Biraja Prasanna Satapathy

Bench: Biraja Prasanna Satapathy

   IN THE HIGH COURT OF ORISSA AT CUTTACK
               MACA No.1303 of 2024
M/s. Oriental Insurance      .....         Appellant
Co. Ltd., Cuttack                   Mr. A.A. Khan, Advocate
                         -versus-
Anil@ Anil Kumar Bhoi      .....        Respondents
and Another                        Mr. S.K. Joshi, Advocate
                                        (Respondent No.1)

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

10.05.2025 Order No.03

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 Addl. District Judge-cum-Judge, 6th MACT, Patnagarh in MAC No. 6 of 2017 vide judgment dated 17.05.2024

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.3,13,320/- along with interest @ 6% per annum payable from the date of application till the date of realization with right of recovery against the Owner-Respondent No. 2.

5. However, in course of deliberation, it was agreed to settle the dispute with payment of compensation amount of Rs.2,25,000/- along with interest @ 6% per annum payable from the date of application till its realization with confirmation of the right of recovery so allowed against the Owner-Respondent No.2. 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 waved 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.2,25,000/- 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 Claimant-Respondent in terms of the judgment passed on 17.05.2024. 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