Motor accident claim appeal settled before the Lok Adalat; the insurer agreed to pay an additional consolidated sum of Rs.25,000 over and above the awarded amount, and the award was modified accordingly.
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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
IN THE HIGH COURT OF ORISSA AT CUTTACK MACA No.423 of 2024
…. Sundeepta @ Sandeepta Kumar Appellant(s) Mohanty
Mr. Kapila Charan Nayak, Adv.
-versus-
Shakti Mall & 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 2nd National Lok Adalat, 2025.
2 . Learned counsel for the Appellant/ Claimant 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.
3 . The Appellant/ Claimant has filed this MACA challenging the judgment and award dated 28.06.2023 passed by the learned 2nd MACT, Cuttack in Misc. Case No.978 of 2010 thereby directing the Respondent No.2/ Insurance Company to pay award amount
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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
of Rs.1,25,500/- (Rupees one lakh twenty-five thousand five hundred only) to the Appellant/Claimant along with interest @ 7% per annum from the date of application till payment within a period of one month 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.25,000/- (Rupees twenty-fifty 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 2nd MACT, Cuttack in Misc. Case No.978 of 2010 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 2nd National Lok Adalat, 2025, Court fee, if any, is not payable.
( Dr. S.K. Panigrahi) Judge 2nd National Lok Adalat, 2025
B. Jhankar
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Sundeepta @ Sandeepta Kumar Mohanty
Shakti Mall
Insurance Company (Respondent No.2)
S.K. Panigrahi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
