Kshitish Ch.Bose v. Puspalata Barik

Orissa HC13 Sept 2025MACA/421/2018

Case brief

AI extract

What is this about?

Lok Adalat settlement of motor accident appeal; MACA No.421 of 2018; Kshitish Chandra Bose v. Puspalata Barik; United India Insurance Company; award dated 13.10.2017 in MAC Case No.180 of 2001 by 3rd MACT-cum-Additional District Judge, Dhenkanal; compromise recorded in 3rd National Lok Adalat 2025; settlement Rs.1,40,000/- consolidated with interest; deposit within eight weeks; release/apportionment by Tribunal upon identification of claimants; MACA disposed of.

What did the court decide?

Compromise recorded in the 3rd National Lok Adalat: dispute settled at Rs.1,40,000/- consolidated in full satisfaction of the claims, subject to interest, payable by cheque within 8 weeks; amount to be deposited within eight weeks before the learned Tribunal, which shall release and/or apportion it upon proper identification of the claimant(s). ¶¶22

Kshitish Ch.Bose Vs Puspalata Barik — Orissa HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the dispute between the appellant-claimants and the respondent-Insurance Company arising out of the award in MAC Case No.180 of 2001 could be settled by compromise before the Lok Adalat, and on what terms.

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Court's answer

The memorandum of settlement filed by the parties before the Lok Adalat is taken on record and the compromise settling the dispute at Rs.1,40,000/- (consolidated, in full satisfaction of the claims, subject to interest) is recorded.

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Ratio / Principle

The agreed settlement amount shall be deposited in terms of the settlement within eight weeks before the learned Tribunal.

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Key takeaways

The learned Tribunal shall take steps for release and/or apportionment of the deposited amount upon proper identification of the claimant(s).ratio¶¶21
In view of the settlement, the MACA stands disposed of.ratio¶¶22

Detailed headnote1 paragraphs

MACA No.421 of 2018 (High Court of Orissa at Cuttack, Mruganka Sekhar Sahoo, J.) — Appeal by claimants against judgment and award dated 13.10.2017 of the learned 3rd MACT-cum-Additional District Judge, Dhenkanal in MAC Case No.180 of 2001 — Matter taken up in the 3rd National Lok Adalat, 2025 — Parties arrived at a compromise settling the dispute at Rs.1,40,000/- (Rupees One Lakh and Forty Thousand) only, further consolidated, in full satisfaction of the claims, subject to payment of interest, with a cheque to be issued within 8 weeks — Settlement amount to be deposited within eight weeks before the learned Tribunal, which shall take steps for release and/or apportionment upon proper identification of the claimant(s) — MACA disposed of.

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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MACA No.421 of 2018

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Kshitish Chandra Bose and another …. Appellants

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Mr. G.N. Rout, Advocate

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-versus-

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Puspalata Barik and another

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…. Respondents

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Mr. P.K. Mohanty, Advocate for Insurance Company

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CORAM: JUSTICE MRUGANKA SEKHAR SAHOO

ORDER

13.09.2025

(Hybrid Mode)

Order No.

06.

1 . This matter is taken up in the 3^rd National Lok Adalat, 2025.

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2 . The appeal has been filed by the appellant-claimant challenging the judgment and award dated 13.10.2017 passed by the learned 3^rd MACT-cum-Additional District Judge, Dhenkanal in MAC Case No.180 of 2001.

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3 . Mr. Rout, learned counsel for the appellants-claimants and Mr. Mahali, learned counsel for the respondent-Insurance Company along with Ms. K. Kiranmayee, Deputy Manager, United India Insurance Company Ltd., TP Hub, Cuttack and Ms. Manju Singh, Manager, Regional Office, Bhubaneswar are present and have also put their signature as endorsement of the settlement in the 3^rd National Lok Adalat.

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3 . The parties have agreed for settlement in terms of the memorandum of settlement which is filed today before the Lok Adalat and the same is taken on record. The terms of settlement as agreed between the parties is reproduced below.

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“We, the above named Appellant(s) and Respondent(s) have arrived at a compromise without correction and undue influence and have settled the dispute at Rs.1,40,000/(Rupees One Lakh and Forty Thousand)only, further consolidated, in full satisfaction of the claims subject to payment of interest as indicated below. We request the Hon’ble Lok Adalat to record our compromise and pass necessary judgment/order making our agreement a part of the said judgment/order. We further state that the appellant/respondent is willing to issue a Cheque for the aforesaid amount within 8 weeks of passing of the judgment/order. ... …”

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5. The amount agreed by the parties shall be deposited in terms of the settlement within eight weeks before the learned Tribunal. The learned Tribunal shall take steps for release and/or apportionment of the amount upon proper identification of the claimant(s).

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6. The MACA stands disposed of.

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(Mruganka Sekhar Sahoo, J.) 3^rd National Lok Adalat

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Radha/Gs

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Signature Not Verified

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Digitally Signed Signed by: RADHARANI JENA Reason: Authentication Location: OHC Date: 25-Sep-2025 18:35:28

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