New India Assurance Company Ltd vs Saraswati Kundu And Others
2026 Latest Caselaw 2383 Ori

Orissa High Court

New India Assurance Company Ltd vs Saraswati Kundu And Others on 14 March, 2026

Author: K.R. Mohapatra

Bench: K.R. Mohapatra

                     IN THE HIGH COURT OF ORISSA AT CUTTACK
                                     MACA No.161 OF 2026
                 New India Assurance Company Ltd.               ....        Appellant
                                                     Mr. Girija Prasad Dutta, Advocate
                                              -versus-
                Saraswati Kundu and others                     ....       Respondents
`                                               Mr. Pradeep Kumar Mishra, Advocate
                                                (For Respondent Nos. 1 to 3)

                         CORAM:
                         JUSTICE K.R. MOHAPATRA

                                         ORDER

    Order No.                           14.03.2026

       2.       1.    This matter is placed in the 1st National Lok Adalat and is

taken up through Hybrid arrangement (video conferencing/physical mode).

2. Learned counsel for the appellant as well as learned counsel for the respondent Nos.1 to 3 and Officers of Insurance Company are present.

3. As agreed by the parties, the awarded amount of Rs.18,34,144/- (eighteen lakhs thirty-four thousand one hundred forty-four only) with interest at the rate of 7.5% per annum from the date of filing of the claim application i.e. 15.12.2021 is modified and reduced to Rs.15,30,000/- (fifteen lakhs thirty thousand only) with simple interest at the rate of 6% per annum from the date of claim application before the Tribunal.

4. The compromise sheet signed by both the parties/their authorized representatives is taken on record.

5. It is further directed that the appellant-Insurance Company shall deposit the modified amount along with interest as directed

above within a period of two months from the date of receipt of this order before the learned District Judge -cum- 1st M.A.C.T., Jagatsinghpur, in M.A.C. Case No.251 of 2021. On depositing the same, the learned Tribunal shall reapportion the amount keeping in view the ratio fixed in the impugned judgment and accordingly, resettle the amount in favour of the claimants. However, default interest @ 9% is waived out.

6. On production of proof regarding deposit of the modified amount before the Tribunal, the statutory deposit along with accrued interest be refunded to the Appellant-Insurance Company on proper application.

7. As the settlement is arrived at before the Lok Adalat, no Court fee shall be levied from the claimants.

8. Accordingly, the MACA is disposed of.

9. Free copies of this order be handed over to the learned counsel for both sides.

(K.R. Mohapatra) Judge st (1 National Lok Adalat)