The Divisional Manager National Insurance Company Ltd. v. Alagulu Shukru Dora @ A. Shukru Dora

IN THE HIGH COURT OF ORISSA AT CUTTACK

MACA No.385 of 2021 Divisional Manager, National Insurance Co. Ltd.

....

Appellant Mr. P.K. Mahali, Adv.

-versusAlagulu Shukru Dora @ A. Khukru Dora and Anr.

....

Respondents Mr. Pradeep Ku. Mishra, Adv.

(For Respondent No.1)

CORAM:

JUSTICE S.K. PANIGRAHI

ORDER

12.03.2022 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/Insurance Company and learned counsel for the Respondent No.1/ Claimant are present.

3. The Appellant/ Insurance Company has filed this MACA challenging the judgment and award dated 03.03.2021 passed by the learned District Judge-cum- 1st M.A.C.T., Dhenkanal in M.A.C. Case No.81 of 2018 directing the Appellant/ Insurance Company to pay a sum of Rs.8,48,000/- (Rupees eight lakh forty-eight thousand only) to the Respondent No.1/Claimant with interest @ 7 per cent per annum from the date of filig of the claim petition within two months with effect from 06.04.2018.

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4. At present, on the basis of the compromise made between the parties, the claim is settled by modifying/ reducing the amount awarded from Rs.8,48,000/- (Rupees eight lakh forty-eight thousand only) to Rs.5,50,000/- (Rupees five lakh fifty thousand only) with interest @ 6 per cent per annum from the date of application. The Insurance Company undertakes to recalculate and deposit the modified award amount before the learned District Judge-cum- 1st M.A.C.T., Dhenkanal in M.A.C. Case No.81 of 2018 within a period of eight weeks hence along with the interest @ 6 per cent per annum.

5. On deposit of the modified award amount along with the interest as stated above before the learned District Judge-cum1st M.A.C.T., Dhenkanal in M.A.C. Case No.81 of 2018, the same shall be disbursed to the Respondent No.1 /Claimant proportionately in terms of its order. Further, on filing of a receipt evidencing the deposit before this Court with a refund application, the statutory deposit, if any, made before this Court with accrued interest thereon shall be refunded to the Appellant/Insurance Company.

6. The MACA is, accordingly, disposed of.

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

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