Motor accident appeals by the insurer and claimants were settled before the National Lok Adalat at a consolidated compensation of Rs.16,00,000, with directions for deposit and modification of the fixed-deposit tenure for one claimant.
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.244 of 2020
The Divisional Manager, …. Appellant Royal Sundaram Insurance Company Ltd. Chennai Mr. A.A. Khan, Advocate -versus- A. Gitarani Achary & ors. …. Respondents Mr. G. Rout, Advocate (for Respondent Nos.1 to 4) MACA No.570 of 2020 A. Gitarani Acharya & ors. …. Appellants Mr. G. Rout, Advocate -versus- Sudhasu Mohan Mohapatra …. Respondents & anr.
CORAM: JUSTICE SANJAY KUMAR MISHRA
ORDER 14.09.2024
Order No. 05. This matter is taken up through hybrid mode in the 3rd National Lok Adalat, 2024.
2. Mr. G.N. Rout, learned Counsel is present and files Vakalatnama duly executed in his favour by the Respondent Nos.1 to 4 in MACA No.244 of 2020. The same is taken on record.
3. MACA No.244 of 2020 has been filed by the Appellant-Insurance Company challenging the judgment dated 16.12.2019 passed in MAC No.3494 of 2014 whereas, MACA No.570 of 2020 has been preferred by the Appellants (Claimants before the Court below) for further enhancement of compensation awarded vide the said judgment dated 16.12.2019.
4. 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.16,00,000/(Rupees sixteen lakhs) towards consolidated compensation against the compensation awarded vide impugned judgment dated 16.12.2019 passed in M.A.C. No.3494 of 2014. The joint compromise petition is taken on record.
5. On being asked, learned Counsel for the parties submit, after taking consent from their respective clients, they have executed the joint compromise petition.
6. 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 eight weeks hence. On deposit of such amount, so far as direction given by the Tribunal to deposit Rs.50,000/(Rupees fifty thousands) in favour of Appellant No.2 in MACA No.570 of 2020 (Claimant before the Court below), it is modified to the extent that the said amount be deposited in fixed deposit scheme in any nationalized bank for a period of three years, instead of six years, taking into consideration the present age of the Appellant No.2. The
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Tribunal shall reapportion the rest amount in favour of remaining Appellants in MACA No.570 of 2020 (Claimants before the Court below) in terms of the ratio fixed vide the impugned judgment and accordingly, resettle the amount in favour of the remaining Appellants in MACA No.570 of 2020 in accordance with law.
7. As 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 in MACA No.244 of 2020 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.
8. Accordingly, both the MACAs stand 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 17:38:54
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The Divisional Manager, Royal Sundaram Insurance Company Ltd. Chennai
A. Gitarani Achary & ors.
Sudhasu Mohan Mohapatra
Sanjay Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
