The Manager (T.P.Cell), M/S. The New India Assurance Co. Ltd. v. Basanti Gochhayat

IN THE HIGH COURT OF ORISSA AT CUTTACK

MACA No. 177 of 2022 The Manager, The New India Assurance Company Ltd.(T.P.

Claims Hub), Cuttack ....

Appellant Mr. Gopal Chandra Samantaray, Advocate

Versus

1.Basanti Gochhayat

2. Sashi Gochhayat

3. Dipak Gochhayat

4. Rubi @ Rubina Gochhayat

5. Ajit Kumar Rana ....

Respondents Mr.Rajesh Prasad Bhagat, Advocate (for Respondent Nos.1, 2 & 4)

CORAM:

JUSTICE SAVITRI RATHO Order No.

ORDER

14.05.2022

01. 1.

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

2.

Learned counsel for the appellant and learned counsel for respondent Nos.1, 2 and 4 are present. The memo in support of the compromise between the Appellant and Respondent Nos.1, 2 and 4-claimants is kept in the record.

3.

The Learned 1st Additional District Judge -cum- 1st M.A.C.T., Cuttack had directed the appellant to pay an amount of Rs.13,71,250/- (Rupees thirteen lakhs seventy one thousand two hundred fifty only) to the Claimants alongwith simple interest at the rate of 6% per annum with effect from the date of

// 2 // filing of the claim application i.e. 19.05.2017, vide judgment dated 22.12.2021 in M.A.C. No. 368 of 2017.

It is now agreed that a modified amount of Rs.12,50,000/- (Rupees twelve lakhs fifty thousands) only along with interest @ 6% with effect from the date of filing of the claim application i.e. 19.05.2017 shall be paid by the insurance company to the claimants within a period of eight weeks.

4.

It is therefore directed that the appellant-insurance company shall deposit the aforesaid amount of Rs.12,50,000/- (Rupees twelve lakhs fifty thousands) only along with interest @ 6% with effect from the date of filing of the claim application i.e. 19.05.2017 within a period of eight weeks from today before the Tribunal.

The Tribunal shall apportion the amount proportionately among the claimants.

5.

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 appellant Insurance Company along with accrued interest, on proper application.

6.

The MACA is accordingly disposed of.

7.

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

(Savitri Ratho) Judge.

National Lok Adalat puspa