National Insurance Company Limited v. Sakhi Meher

IN THE HIGH COURT OF ORISSA AT CUTTACK

MACA No.61 of 2022 National Insurance Co. Ltd.

....

Appellant Mr. P.K. Mahali, Adv.

-versusSakhi Meher 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 30.11.2021 passed by the learned Member, 2nd M.A.C.T.,N.D., Sambalpur in M.A.C. Case No.78 of 2019 (Sambalpur) directing the Appellant/ Insurance Company to pay a sum of Rs.9,45,000/- (Rupees nine lakh forty-five thousand only) to the Respondent Nos.1 to 3/Claimants with interest @ 6 per cent per annum from the date of filing of the claim petition i.e. from 16.08.2019 within thirty days of passing of the order.

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.9,45,000/- (Rupees nine lakh forty-five thousand only) to Rs.8,65,000/- (Rupees eight lakh sixty-five thousand only)

// 2 // 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 Member, 2nd M.A.C.T.,N.D., Sambalpur in M.A.C. Case No.78 of 2019 (Sambalpur) 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 Member, 2nd M.A.C.T.,N.D., Sambalpur in M.A.C. Case No.78 of 2019 (Sambalpur), 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, 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