A. Gitarani Achary Vs Sudhansu Mohan Mohapatra — Orissa HC (2024) — LawSathi Research

A. Gitarani Achary Vs Sudhansu Mohan Mohapatra — Orissa HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Amicable settlement recorded at Rs.16,00,000/- consolidated compensation; Insurance Company to deposit before Tribunal by cheque within eight weeks; Rs.50,000/- for Appellant No.2 (MACA No.570 of 2020) converted to three-year fixed deposit instead of six years; residual amount to be reapportioned per the impugned ratio; statutory deposit refundable with interest on proof of deposit; no court fee payable by Claimants; both MACAs disposed of.

Issue for consideration

Whether the compensation awarded vide judgment dated 16.12.2019 in MAC No.3494 of 2014 should be revised — the Insurer having challenged it in MACA No.244 of 2020 and the Claimants having sought enhancement in MACA No.570 of 2020 +1 more

Ratio / Principle

Parties settled the dispute/claim at Rs.16,00,000/- (Rupees sixteen lakhs) towards consolidated compensation; the jointly executed compromise petition, made with clients' consent, was taken on record.

Key takeaways

The settled amount shall be deposited by the Insurance Company before the Tribunal in shape of cheque within eight weeks; the Tribunal's direction to deposit Rs.50,000/- in favour of Appellant No.2 in MACA No.570 of 2020 is modified to the extent that it be placed in a fixed deposit scheme in any nationalized bank for three years instead of six years, considering his present age.ratio¶11
On such deposit, the Tribunal shall reapportion the remaining amount in favour of the remaining Appellants in MACA No.570 of 2020 and resettle it in accordance with law, in terms of the ratio fixed vide the impugned judgment.ratio¶13

Detailed headnote1 paragraphs

High Court of Orissa at Cuttack (3rd National Lok Adalat, 2024; S.K. Mishra, J.; Order dated 14.09.2024) — Cross-appeals MACA No.244 of 2020 (Royal Sundaram Insurance Co. Ltd. challenging the award) and MACA No.570 of 2020 (Claimants A. Gitarani Acharya & ors. seeking enhancement) arising from the judgment dated 16.12.2019 in MAC No.3494 of 2014 were amicably settled through a joint compromise petition at Rs.16,00,000/- (Rupees sixteen lakhs) towards consolidated compensation. The Insurance Company was directed to deposit the amount before the Tribunal by cheque within eight weeks; the Tribunal's direction for a Rs.50,000/- fixed deposit in favour of Appellant No.2 was modified from six years to three years considering his present age; the residual amount is to be reapportioned among the remaining Claimants per the ratio fixed in the impugned judgment. On proof of deposit, the statutory deposit is to be refunded to the Insurer with accrued interest; no court fee is payable by the Claimants. Both MACAs stand disposed of.

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 3^rd 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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