Bajaj Allianz G.I.Co.Ltd. v. Babita Devi@Tanti

IN THE HIGH COURT OF ORISSA AT CUTTACK

MACA No. 1376 of 2017 Bajaj Allianz General Insurance Company Ltd., Divisional Officer ....

Appellant Mr. Adam Ali Khan, Advocate

Versus

1. Babita Devi @ Tanti

2. Suraj Kumar Tanti

3. Sajan Kumar Tanti

4. Ranjan Kumar Das ....

Respondents Mr. S.K. Joshi, Advocate (For Respondent Nos.1 to 3)

CORAM:

JUSTICE SAVITRI RATHO Order No.

ORDER

12.11.2022 07.

1.

This matter is taken up today in the National Lok Adalat through hybrid mode.

2.

Learned counsel for the Appellant - Insurance Company and Respondent Nos.1 to 3-Claimants are present. The memo in support of the compromise between the Appellant and Respondent Nos.1 to 3-Claimants is kept in the record. 3.

Vide judgment dated 29.07.2017 passed in M.A.C. No. 06 of 2013, the Learned District Judge-cum-M.A.C.T.(I), Balangir had directed the Appellant-Insurance Company to pay a compensation amount of Rs.8,95,000/-(Rupees Eight Lakhs Ninety Five Thousands only) to the claimants along with interest @ 6% per annum from the date of filing of the claim application, i.e. from 16.01.2013 till the date of payment.

// 2 // 4.

It is now agreed between the Appellant-Insurance Company and Respondent Nos.1 to 3-Claimants that a modified consolidated amount of Rs.11,50,000/- (Rupees Eleven lakhs Fifty Thousands only) shall be paid by the Appellant-Insurance Company to the Respondent No.1 to 3-Claimants within a period of eight weeks.

5.

It is therefore directed that the Appellant-Insurance Company shall deposit the aforesaid amount of Rs.11,50,000/- (Rupees Eleven lakhs Fifty Thousands only), within a period of eight weeks from today before the Tribunal. The amount shall be proportionately apportioned by the Tribunal. 6.

As the settlement is arrived at before the National Lok Adalat, no court fee shall be levied. On production of proof of deposit, the statutory amount shall be refunded to the AppellantInsurance Company along with accrued interest, on proper application.

7.

Right of recovery granted by the Tribunal is confirmed. 8.

The MACA is accordingly disposed of.

9.

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

(Savitri Ratho) Judge National Lok Adalat puspa