Krishna Sharma v. Biswaranjan Sahoo

IN THE HIGH COURT OF ORISSA AT CUTTACK

MACA No.271 of 2021 Krishna Sharma ....

Appellant Mr. Pradeep Kumar Mishra, Adv.

-versusBiswaranjan Sahoo and Anr.

....

Respondents Mr. P.K. Mahali, Adv.

(for Respondent No.2)

CORAM:

JUSTICE S.K. PANIGRAHI

ORDER

12.03.2022 MACA No.271 of 2021 and I.A. No.592 of 2021 Order No.

01.

1. This matter is taken up through hybrid mode in the 1st National Lok Adalat, 2022.

2. Learned counsel for the Appellant/Claimant and learned counsel for the Respondent No.2/ Insurance Company are present.

3. The Appellant/ Claimant has filed this MACA challenging the judgment and award dated 07.12.2019 passed by the learned 2nd Additional District Judge-cum- 3rd M.A.C.T., Cuttack in M.A.C. Case No.485 of 2015 directing the Respondent No.2/ Insurance Company to pay compensation amount of Rs.4,17,140/- (Rupees four lakh seventeen thousand one hundred forty only) to the Appellant/Claimant with interest @ 7 per cent per annum from the date of filing of the claim petition i.e. from 03.08.2015 within a period of two months of passing of the order.

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4. At present, on the basis of the compromise made between the parties, the claim is modified and settled by enhancing further consolidated amount of Rs.2,00,000/- (Rupees two lakh only) over and above the awarded amount.

5. The Respondent No.2/Insurance Company is directed to deposit the aforesaid consolidated award amount before the learned 2nd Additional District Judge-cum- 3rd M.A.C.T., Cuttack in M.A.C. Case No.485 of 2015 within a period of eight weeks, whereafter the same shall be disbursed to the Appellant/Claimant in terms of its order. The impugned award is modified to the above extent.

6. The MACA is accordingly disposed of.

7. The MACA having been disposed of in the 1st National Lok Adalat, 2022, no Court fee is payable.

8. Accordingly, the I.A. filed for exemption of payment of court fees is also disposed of.

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

( S.K. Panigrahi, J.) 1st National Lok Adalat, 2022 BJ