Basanti Panda Vs Rama Chandra Pradhan — Orissa HC (2025) — LawSathi Research

Basanti Panda Vs Rama Chandra Pradhan — Orissa HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Further consolidated sum of Rs.40,000/- over and above the awarded amount of Rs.13,61,253/- (with simple interest @ 7% per annum), to be deposited by Respondent No.2/Insurance Company before the learned 1st MACT, Kendrapara in MAC Case No.137 of 2019 within eight weeks and disbursed to the Claimant(s) in terms of the order after keeping proof of identification; impugned award modified to the above extent; no court fee payable.

Issue for consideration

Whether, on the basis of the compromise arrived at between the parties in the 2nd National Lok Adalat, 2025, the MACT award should be modified/enhanced by a further consolidated sum over and above the awarded amount.

Court's answer

On the basis of the compromise made between the parties, the claim is modified and settled by a further consolidated sum of Rs.40,000/- (Rupees forty thousand only) over and above the awarded amount.

Ratio / Principle

Respondent No.2/Insurance Company is directed to deposit the aforesaid consolidated award amount before the learned 1st MACT, Kendrapara in MAC Case No.137 of 2019 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.

Key takeaways

The impugned award is modified to the above extent (i.e., by the additional consolidated sum of Rs.40,000/- settled on compromise).ratio¶23
The MACA is disposed of; and since it was disposed of in the 2nd National Lok Adalat, 2025, no court fee is payable.ratio¶25

Detailed headnote1 paragraphs

Motor Accident Claims Appeal — Orissa High Court (Dr. S.K. Panigrahi, J.), order dated 10.05.2025 in MACA No.159 of 2023, disposed of in the 2nd National Lok Adalat, 2025. The Appellants/Claimants had challenged the judgment and award dated 09.02.2023 of the learned 1st MACT, Kendrapara in MAC Case No.137 of 2019, whereby Respondent No.2/Insurance Company was directed to pay Rs.13,61,253/- with simple interest @ 7% per annum from the date of application till payment. On the basis of compromise between the parties, the claim was modified and settled by a further consolidated sum of Rs.40,000/- over and above the awarded amount; the Insurance Company was directed to deposit the consolidated award amount before the learned 1st MACT, Kendrapara within eight weeks, for disbursement to the Claimant(s) in terms of the order after keeping proof of identification, and the impugned award was modified to the above extent. The MACA was disposed of and, having been disposed of in the Lok Adalat, no court fee was held payable.

Signature Not Verified Digitally Signed Signed by: BHABAGRAHI JHANKAR Reason: Authentication Location: ORISSA HIGH COURT, CU TTACK Date: 02-Jun-2025 14:09:14

IN THE HIGH COURT OF ORISSA AT CUTTACK MACA No.159 of 2023

Basanti Panda and Ors. …. Appellant(s)

Mr. Satyabhusan Das, Adv.

-versus-

Rama Chandra Pradhan & Anr. …. Respondent(s)

Mr. Prasanta Kumar Mahali, Adv.

(for R-2)

CORAM:

Dr. JUSTICE S.K. PANIGRAHI

Order

No.

ORDER

10.05.2025

1 . This matter is taken up through hybrid arrangement (virtual/physical mode) in the 2^nd National Lok Adalat, 2025.

2 . Learned counsel for the Appellants/ Claimants and learned counsel for the Respondent No.2/ Insurance Company are present. Mr. M.K. Sahu, Manager & Officer-In-Charge of M/s. National Insurance Co. Ltd., Cuttack is also present in Court. 3 . The Appellants/ Claimants have filed this MACA challenging the judgment and award dated 09.02.2023 passed by the learned 1^st MACT, Kendrapara in MAC Case No.137 of 2019 thereby directing the Respondent No.2/ Insurance Company to pay award amount of Rs.13,61,253/- (Rupees thirteen lakh sixty-one

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Signature Not Verified Digitally Signed Signed by: BHABAGRAHI JHANKAR Reason: Authentication Location: ORISSA HIGH COURT, CU TTACK Date: 02-Jun-2025 14:09:14

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thousand two hundred fifty-three only) to the Appellants/Claimants along with simple interest @ 7% per annum from the date of application till payment within a period of two months of passing of that award.

4. At present, on the basis of the compromise made between the parties, the claim is modified and settled by a further consolidated sum of Rs.40,000/- (Rupees forty 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 1^st MACT, Kendrapara in MAC Case No.137 of 2019 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 2^nd National Lok Adalat, 2025, Court fee, if any, is not payable.

( Dr. S.K. Panigrahi) Judge 2^nd National Lok Adalat, 2025

B. Jhankar

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