This matter was disposed of in the 3rd National Lok Adalat, 2023. The Court modified an earlier award, enhancing the compensation amount by agreeing to a compromise between the parties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ORISSA AT CUTTACK
MACA No.606 of 2009
Smt. Basanti Sethi & Ors.
…. Appellants
Mr. B. Singh, Adv.
-versus-
…. Jayanta Kumar Swain & Anr. Respondents Mr. P.K. Mahali, Adv.
CORAM:
Dr. JUSTICE S.K. PANIGRAHI
Order No.
ORDER
09.09.2023
2 . Learned counsel for the Appellants/Claimants and learned counsel for the Respondent No.2/ Insurance Company are present.
3 . The Appellants/ Claimants have filed this MACA challenging the judgment and award dated 17th April, 2009 passed by the learned MACT-I, Balasore in MACT No.172 of 2005 thereby directing the Respondent No.2/ Insurance Company to pay the compensation amount of Rs.1,54,500/- (Rupees One lakh fifty-four thousand five hundred only) to the Appellants/ Claimants.
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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 a further consolidated sum of Rs.90,000/(Rupees ninety thousand 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 MACT-I, Balasore in MACT No.172 of 2005 within a period of eight weeks, whereafter the same shall be disbursed in favour of the Claimant(s) in terms of the order and also after keeping proof of identification. 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 3rd National Lok Adalat, 2023, no Court fee is payable.
8. Certified copy of this order be issued as per Rules.
( Dr. S.K. Panigrahi, J.) 3rd National Lok Adalat, 2023
Ayaskanta Signature Not Verified
Digitally Signed Signed by: AYASKANTA JENA Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa Date: 26-Sep-2023 17:15:11
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Smt. Basanti Sethi
Jayanta Kumar Swain
Dr. S.K. Panigrahi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
