Branch Manager,Magma H.D.I.G.I.Co.Ltd. v. Prabeer Ku.Dhurua

IN THE HIGH COURT OF ORISSA AT CUTTACK

MACA No. 1117 of 2018 The Branch Manager, Magma H.D.I. General Insurance Company Limited, Branch Office, Sambalpur ....

Appellant Mr. Adam Ali Khan, Advocate

Versus

1.Prabeer Kumar Dhurua

2. Padmini Dhurua

3. Janhabi Dhurua

4. Bansidhar Behera

5. Rajesh Munda @ Kunda ....

Respondents Mr. D.K. Mohanty, Advocate (for O.P.No.4)

CORAM:

JUSTICE SAVITRI RATHO Order No.

ORDER

12.03.2022

05. 1.

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

2.

Learned counsels for the appellant and respondents are present. The memo in support of the compromise between the parties is kept in the record.

3.

The Learned Addl. District Judge -cum- 3rd M.A.C.T., Kuchinda had directed the appellant to pay an amount of Rs.21,00,000/- (Rupees twenty one lakh only) to the Claimantsrespondents no.1 to 3 alongwith interest at the rate of 6% per annum from the date of filing till date of payment.

// 2 // It is now agreed that a consolidated amount of Rs.20,50,000/- (Rupees twenty lakh fifty thousand only) shall be paid by the insurance company to the Respondent nos.1 to 3claimants within a period of eight weeks. 4.

It is therefore directed that the appellant-insurance company shall deposit the aforesaid consolidated amount of Rs.20,50,000/- (Rupees twenty lakh fifty thousand only) within a period of eight weeks from today before the Tribunal. The Tribunal shall apportion the amount among the claimants. 5.

The Insurance Company shall be at liberty to recover the amount from the owner of the vehicle if recoverable, in accordance with law.

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

7.

The MACA is accordingly disposed of.

8.

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

(Savitri Ratho) Judge.

National Lok Adalat Bichi/sukanta