The Divisional Manager, National Insurance Company Ltd. v. Kailash Naik

IN THE HIGH COURT OF ORISSA AT CUTTACK

MACA No.31 of 2021 Divisional Manager, National Insurance Co. Ltd.

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Appellant Mr. P.K. Mahali, Adv.

-versusKailash Naik and Ors.

....

Respondents Mr. Pradeep Ku. Mishra, Adv.

(For Respondent Nos.1 to 3)

CORAM:

JUSTICE S.K. PANIGRAHI

ORDER

12.03.2022 Order No.

03.

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 to 3/ Claimants are present.

3. The Appellant/ Insurance Company has filed this MACA challenging the judgment and award dated 25.03.2020 passed by the learned Additional District Judge-cum- 4th M.A.C.T., Keonjhar in M.A.C. Case No.28/91 of 2019-15 directing the Appellant/ Insurance Company to pay a sum of Rs.5,95,800/- (Rupees five lakh ninety-five thousand eight hundred only) to the Respondent Nos.1 to 3/Claimants with simple interest @ 7 per cent per annum from the date of filing of the claim petition i.e. from 03.07.2015 till realization of the same.

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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.5,95,800/- (Rupees five lakh ninety-five thousand eight hundred only) to Rs.4,50,000/- (Rupees four lakh fifty 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 Additional District Judge-cum- 4th M.A.C.T., Keonjhar in M.A.C. Case No.28/91 of 2019-15 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 Additional District Judge-cum- 4th M.A.C.T., Keonjhar in M.A.C. Case No.28/91 of 2019-15, the same shall be disbursed to the Respondent Nos.1 to 3/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 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