The Divisional Manager, M/S. National Insurance Co. Ltd. v. Sarat Kumar Biswal

IN THE HIGH COURT OF ORISSA AT CUTTACK

MACA No.22 of 2022 Divisional Manager, National Insurance Co. Ltd.

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Appellant Mr. P.K. Mahali, Adv.

-versusSarat Kumar Biswal and Ors.

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Respondents Mr. Pradeep Ku. Mishra, Adv.

(For Respondent Nos.1 and 2)

CORAM:

JUSTICE S.K. PANIGRAHI

ORDER

12.03.2022 Order No.

02.

1. This matter is taken up through hybrid mode in the 1st National Lok Adalat, 2022.

2. Learned counsel for the Appellant/Insurance Company and learned counsel for the Respondent Nos.1 and 2/ Claimants are present.

3. The Appellant/ Insurance Company has filed this MACA challenging the judgment and award dated 29.09.2021 passed by the learned District Judge-cum- 1st M.A.C.T., Angul in M.A.C. Case No.59 of 2018 directing the Appellant/ Insurance Company to pay a sum of Rs.14,40,696/- (Rupees fourteen lakh forty thousand six hundred ninety-six only) to the Respondent Nos.1 and 2/Claimants with simple interest @ 7.5 per cent per annum from the date of filing of the claim petition i.e. from 10.04.2018 within two months of passing of the order.

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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.14,40,696/- (Rupees fourteen lakh forty thousand six hundred ninety-six only) to Rs.10,00,000/- (Rupees ten lakh 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 District Judge-cum- 1st M.A.C.T., Angul in M.A.C. Case No.59 of 2018 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 District Judge-cum1st M.A.C.T., Angul in M.A.C. Case No.59 of 2018, the same shall be disbursed to the Respondent Nos.1 and 2/Claimants in terms of its order proportionately. Further, 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.

7. Urgent certified copy of this order be granted on proper application.

( S.K. Panigrahi, J.) 1st National Lok Adalat, 2022 BJ