The Local Manager, Icici Lombard G.I.Co. Ltd. Vs Tota Bala — Orissa HC (2024) — LawSathi Research

The Local Manager, Icici Lombard G.I.Co. Ltd. Vs Tota Bala — Orissa HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Settlement accepted in Lok Adalat: consolidated compensation fixed at Rs.20,00,000/-, to be deposited by the Appellant-Insurance Company before the Tribunal by cheque within two months and reapportioned among the Respondents (claimants below) per the ratio fixed in the impugned judgment; statutory deposit before the Registry to be refunded to the Appellant with accrued interest on proof of deposit; no Court Fee payable by the Claimants; MACA stands disposed of.

Ratio / Principle

The joint compromise petition recording the parties' voluntary settlement (without coercion or undue influence) of the claim at Rs.20,00,000/- (Rupees twenty lakhs) towards consolidated compensation, in lieu of the compensation awarded vide judgment dated 01.12.2020 in M.A.C. No.158 of 2016, was taken on record.

Key takeaways

As agreed between the parties, the Insurance Company (Appellant) shall deposit the settled amount of Rs.20,00,000/- before the Tribunal in the shape of cheque within two months hence.ratio¶16
On deposit of such amount, the Tribunal shall reapportion it in favour of the Respondents (Claimants before the Court below) in terms of the ratio fixed in the impugned judgment and accordingly resettle the amount in their favour in accordance with law.ratio¶17
On filing of receipt in proof of deposit of the compromised amount before the Tribunal, the statutory amount previously deposited by the Insurance Company before the Registry shall be refunded to the Appellant-Insurance Company along with accrued interest thereon.

Detailed headnote1 paragraphs

MACA No.120 of 2021 (High Court of Orissa at Cuttack; Sanjay Kumar Mishra, J.; Order dated 14.09.2024) was taken up through hybrid mode in the 3rd National Lok Adalat, 2024 and disposed of on the basis of a joint compromise petition (¶13-¶14). The parties, with the consent of their respective clients, settled the dispute/claim at Rs.20,00,000/- (Rupees twenty lakhs) towards consolidated compensation, in lieu of the compensation awarded vide the impugned judgment dated 01.12.2020 passed in M.A.C. No.158 of 2016 (¶14). The Court directed that the settled amount be deposited by the Appellant-Insurance Company before the Tribunal in the shape of cheque within two months, whereupon the Tribunal was to reapportion the amount in favour of the Respondents (Claimants before the Court below) in terms of the ratio fixed in the impugned judgment and resettle it in accordance with law (¶16-¶17). On filing of a receipt in proof of deposit of the compromised amount, the statutory amount deposited by the Insurance Company before the Registry was ordered refunded to the Appellant-Insurance Company with accrued interest, and no Court Fee was held payable by the Claimants since the appeal stood disposed of in Lok Adalat (¶18). Accordingly, the MACA stands disposed of (¶18).

IN THE HIGH COURT OF ORISSA AT CUTTACK

MACA No.120 of 2021

The Local Manager, ICICI …. Lombard General Insurance

Appellant

Co. Ltd .

Mr. G.P. Dutta, Advocate

-versus-

Tota Bala & ors.

…. Respondents

Mr. A. Dash, Advocate (for Respondent Nos.1 to 5)

CORAM: JUSTICE SANJAY KUMAR MISHRA

ORDER 14.09.2024

Order No. 10. This matter is taken up through hybrid mode in the 3^rd National Lok Adalat, 2024.

2. Learned Counsel for the parties are present and file the joint compromise petition indicating therein that parties have arrived at a compromise without any coercion and undue influence and settled the dispute/claim at Rs.20,00,000/(Rupees twenty lakhs) towards consolidated compensation against the compensation awarded vide impugned judgment dated 01.12.2020 passed in M.A.C. No.158 of 2016. The joint compromise petition is taken on record.

3. On being asked, learned Counsel for the parties submit, after taking consent from their respective clients, they have executed the joint compromise petition.

4. As agreed between the parties, the amount, as indicated above, shall be deposited by the Insurance Company before the Tribunal in shape of cheque within

two months hence. On deposit of such amount, the Tribunal shall reapportion the amount in favour of Respondents (Claimants before the Court below) in terms of the ratio fixed in the impugned judgment and accordingly, resettle the amount in favour of the Respondents in accordance with law.

5. Since the matter has been settled amicably, on filing of receipt in proof of deposit of the compromised amount before the Tribunal, the statutory amount deposited by the Insurance Company before the Registry be refunded to the Appellant-Insurance Company along with accrued interest thereon. Since the aforesaid Appeal is disposed of in Lok Adalat, no Court Fee shall be payable by the Claimants. 6. Accordingly, the MACA stands disposed of.

(S. K. Mishra, J.)

National Lok Adalat

Prasant

Signature Not Verified

Digitally Signed Signed by: PRASANT KUMAR PRADHAN Designation: Secretary Reason: Authentication Location: High Court of Orissa, Cuttack. Date: 07-Jul-2025 17:38:53

Page 2 of 2