D.M.,Oriental Insurance Co.Ltd. v. Sasmita Baidya

IN THE HIGH COURT OF ORISSA AT CUTTACK

MACA No. 1079 of 2018 Divisional Manager represented through the Regional Manager, Oriental Insurance Co. Ltd.

....

Appellant Smt. P. Mishra, Advocate -versusSasmita Baidya and others ....

Respondents M/s. T. Mishra, Advocate CORAM: JUSTICE V. NARASINGH

ORDER

09.12.2022 Order No.

15.

1.

This matter is taken up today in the chambers through hybrid mode.

2.

Heard learned counsel for the parties.

3.

This appeal has been filed by the Appellant-Insurance Company.

4.

As agreed, the amount of compensation is modified and reduced from Rs.7,40,300/- to Rs.7,00,000/- (rupees seven lakhs) only with interest @ 6 % from the date of filing of the claim application till 2018.

5.

So far as interest from the year 2018 to 2022 is concerned, the same is waived by the respondents.

6.

Stipulation relating to default interest as awarded by the Tribunal is set aside.

7.

The compromise sheet signed by both the parties/ their authorized representatives is taken on record. 8.

Learned 2nd M.A.C.T., (S.D) Berhampur, is called upon to recalculate and apportion the aforesaid agreed amount as per the award proportionately among the claimant(s). The awarded amount shall be deposited before the learned 2nd M.A.C.T., (S.D) Berhampur, within a period of eight weeks from the date of receipt/production of this order.

9.

As the case is disposed in the spirit of the Lok Adalat, no court fee is liable to be paid by the claimant(s). 10.

On submission of the receipt evidencing such deposit before the learned MACT, the statutory deposit along with accrued interest thereon shall be refunded in favour of the AppellantInsurance Company expeditiously. 11.

The MACA is accordingly disposed of.

12.

Urgent certified copy of this order be granted as per rules. (V. Narasingh) Judge