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Orissa High CourtMACA/173/2018disposed off

Manager Legal v. Bini Jena

2022-03-12Mr. Justice Biraja Prasanna Satapathy2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

MACA NO.173 OF 2018 Manager Legal, Reliance G.I. Co. Ltd;

...

Appellant Mr. S. Satpathy, Advocate -versusBini Jena and Others ...

Respondents Mr. G.N. Rout, Advocate COROM:

JUSTICE BIRAJA PRASANNA SATAPATHY

ORDER

12.03.2022 01.

1. This appeal is taken up in the 1st National Level Lok Order No Adalat through virtual/physical mode in presence of the Advocates/representatives of both the appellant-Insurance Company and claimants-respondents.

2. Heard Mr. Subrat Satpathy, learned counsel for the appellant-company and Mr. G. N. Rout, learned counsel and associates for the claimants-respondents.

3. It is submitted by the learned counsel for the claimantsrespondents that during pendency of the appeal Respondent No.2 has died on 24.1.2021 and all his legal heirs are already on record. Hence, the share of Respondent No.2 be released in favour of the legal heirs of deceased Respondent No.2 proportionately.

4. As agreed by both the parties, a compromise was effected wherein it has been decided that the appellant-company shall pay a consolidated sum of Rs.10,90,000/-(Rupees Ten Lakhs Ninety Thousand) to the claimants-respondents as against the award passed vide the impugned judgment dated 13.9.2017 in MAC Case No.220/113 of 2011 by the 3rd M.A.C.T, Bhubaneswar.

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5. As agreed by the parties, the appeal is disposed of with a direction that the appellant-company shall pay the compromise amount of Rs.10,90,000/-(Rupees Ten Lakhs Ninety Thousand) to the claimants-respondents within a period of eight weeks from the date of receipt of copy of the order.

6. It is further directed that only after payment of the aforesaid agreed amount, the appellant-company will be permitted to take back the statutory deposit along with the accrued interest thereon from the Registry of this Court.

7. The compromise petition filed by both the parties be kept on record.

8. The MACA is accordingly disposed of.

(Biraja Prasanna Satapathy, J.) 1st National Lok Adalat sangita