Kasturi Dash Vs the Sr.Divisional Manager,the National Insurance Co.Ltd. — Orissa HC (2024) — LawSathi Research

Kasturi Dash Vs the Sr.Divisional Manager,the National Insurance Co.Ltd. — Orissa HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of on the basis of the amicable settlement: Opposite Party No.1 Insurance Company to pay Rs.7,50,000/- towards full and final settlement of MAC No.339 of 2015 within 8 weeks - Rs.50,000/- in cash to Petitioner No.1 Kasturi Dash, and the balance Rs.7,00,000/- by two cheques of Rs.4,50,000/- and Rs.2,50,000/- to be deposited before the court below in the names of Petitioner No.1 and Petitioner No.2 (minor son of the deceased) respectively.

Issue for consideration

Whether the orders dated 10.02.2018, 03.07.2018 and 14.08.2018 passed by the 1st M.A.C.T., Puri in MAC Case No.339 of 2015 are liable to be interfered with in this writ petition.

Ratio / Principle

In view of the amicable settlement recorded in the joint affidavit, the writ petition stands disposed of with an observation that Opposite Party No.1 Insurance Company shall pay Rs.7,50,000/- towards full and final settlement of MAC No.339 of 2015 within eight weeks.

Key takeaways

Of the settlement amount, Rs.50,000/- shall be paid to Petitioner No.1 Kasturi Dash in cash, and the balance of Rs.7,00,000/- shall be deposited before the court below by two separate cheques of Rs.4,50,000/- and Rs.2,50,000/- in the names of Petitioner No.1 Kasturi Dash and Petitioner No.2 Biswajit Dash (minor son of the deceased) respectively, within eight weeks, as agreed between the parties.ratio¶18
On such deposit, the court below shall fix/impose such terms and conditions for deposit of the amount in the names of Petitioner No.1 and Petitioner No.2 in any nationalized bank, as it feels fit and proper, in accordance with law.ratio¶19

Detailed headnote1 paragraphs

Writ petition (W.P.(C) No.3187 of 2019, High Court of Orissa) challenging orders dated 10.02.2018, 03.07.2018 and 14.08.2018 of the 1st M.A.C.T., Puri in MAC Case No.339 of 2015 was disposed of on the basis of a joint affidavit recording an amicable settlement between the parties during pendency. The Court directed Opposite Party No.1 Insurance Company to pay a consolidated sum of Rs.7,50,000/- towards full and final settlement of the MAC case within eight weeks: Rs.50,000/- in cash to Petitioner No.1 Kasturi Dash, and the balance Rs.7,00,000/- by two separate cheques of Rs.4,50,000/- and Rs.2,50,000/- to be deposited before the court below in the names of Petitioner No.1 Kasturi Dash and Petitioner No.2 Biswajit Dash (minor son of the deceased) respectively. The court below was left free to fix terms and conditions for deposit of the amounts in any nationalized bank in accordance with law. No adjudication on the merits of the impugned MACT orders was made.

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.3187 of 2019

Kasturi Dash & anr.

Petitioner

Mr. S.K. Padhi, Advocate

-versus-

Sr. Divisional Manager & anr.

…. Opposite Parties Mr. P.K. Mahali, Advocate

CORAM: JUSTICE SANJAY KUMAR MISHRA

ORDER

Order No. 11.

09.01.2024

This matter is taken up through hybrid mode.

The present writ petition has been preferred challenging the order dared 10.02.2018, 03.07.2018 and 14.08.2018 passed by the 1^st M.A.C.T., Puri, in MAC Case No.339 of 2015.

Learned Counsel for the parties are present. A joint affidavit is filed in the court indicating therein that during pendency of the writ petition, the matter has been settled amicably. The terms of compromise, as have been detailed in paragraph nos.5 & 6 of the said affidavit, are extracted below:-

“5. That the awarded amount settled for a sum of Rs.7,50,000/- (consolidated) which shall be paid by the opposite party No.1 in favour of petitioners No.1 & 2 as agreed by both the parties.

That a consolidated sum of Rs.7,50,000/(Rupees seven lakhs fifty thousand) shall be paid by the opposite party No.1 within a period of 8 (eight) weeks to which there is no objection by both the parties towards full and final settlement of MAC No.339 of 2015 of the court of 1^st MACT, Puri.”

In view of the above, the writ petition stands disposed of with an observation that the present Opposite Party No.1 Insurance Company shall pay an amount of Rs.7,50,000/- towards full and final settlement of MAC No.339 of 2015 within a period of 8 (eight) weeks hence. Out of the said amount, Rs.50,000/- shall be paid to Kasturi Dash (Petitioner No.1) in cash within the said period. So far as balance amount of Rs.7,00,000/- , two separate cheques for an amount of Rs.4,50,000/- and Rs.2,50,000/- shall be deposited before the court below in the name of Petitioner No.1Kasturi Dash and Petitioner No.2-Biswajit Dash ( minor son of the deceased) respectively within a period of 8 (eight) weeks hence, as agreed between the parties.

On so depositing, the Court below shall do the needful and fix/impose such terms and conditions for deposit of the said amount in the name of Petitioner No.1-Kasturi Dash and Petitioner No.2-Biswajit Dash in any nationalized bank, as it feels fit and proper, in accordance with law.

Urgent certified copy of the order be granted on proper application as per rules.

(S.K. MISHRA)

JUDGE

Banita

Signature Not Verified

Digitally Signed Signed by: BANITA PRIYADARSHINI PALEI Designation: SR. STENOGRAPHER Reason: AUTHENTICATION Location: HIGH COURT OF ORISSA, C UTT ACK Date: 10-Jan-2024 18:10:11

Page 2 of 2