Sanjaya Nayak Vs Bhabagrahi Nayak — Orissa HC (2025) — LawSathi Research

Sanjaya Nayak Vs Bhabagrahi Nayak — Orissa HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Further consolidated compensation of Rs.1,50,000/- to be paid by Respondent No.2-Company (Insurer) and deposited before the Tribunal within eight (8) weeks, for disbursement in full to the Appellant-Claimant.

Issue for consideration

Whether the compensation awarded by the Tribunal in M.A.C. Case No.52 of 2021 (Rs.8,71,164/- with interest @ 6% per annum) against the Appellant-Claimant's claim of Rs.12,00,000/- required further enhancement.

Court's answer

Considering the settlement arrived at between the Parties, the Court directed Respondent No.2-Company (Insurer) to deposit the agreed amount of Rs.1,50,000/- consolidated towards further compensation before the Tribunal within a period of eight (8) weeks from the date of receipt of the order.

Ratio / Principle

On such deposit of the amount before the learned Tribunal, the same shall be disbursed in favour of the Appellant-Claimant in full; the compromise sheet signed in support of the settlement is to be kept in record, and the MACA is accordingly disposed of.

Detailed headnote1 paragraphs

High Court of Orissa at Cuttack, MACA No.86 of 2024 (order dated 10.05.2025) - Biraja Prasanna Satapathy, J. Appeal by claimant Sanjaya Nayak seeking enhancement of compensation awarded vide Judgment dated 19.01.2024 in M.A.C. Case No.52 of 2021 by the learned Addl. District Judge-cum-MACT(3), Kendrapara (Rs.8,71,164/- with interest @ 6% per annum payable from the date of filing of application, against a claim of Rs.12,00,000/-). Taken up in the 2nd National Level Lok Adalat; on settlement between the Parties, Respondent No.2-Insurance Company agreed to pay further consolidated compensation of Rs.1,50,000/-; the Court directed deposit of the agreed amount before the Tribunal within eight (8) weeks of receipt of the order and its disbursement in full to the Appellant-Claimant; the compromise sheet signed in support of the settlement is to be kept in record; the MACA is accordingly disposed of.

IN THE HIGH COURT OF ORISSA AT CUTTACK MACA No.86 of 2024

Sanjaya Nayak

..... Appellant Mr. K.C. Nayak, Advocate

-versus-

Bhabagrahi Nayak &Anr.

..... Respondents

CORAM:

THE HON'BLE MR. JUSTICE BIRAJA PRASANNA SATAPATHY ORDER

10.05.2025

Order No.01

This appeal is taken up in the 2^nd National Level Lok Adalat through Virtual/Physical Mode in presence of the Advocates/Representatives of both the Parties.

Heard.

This appeal has been filed seeking enhancement of the compensation, so awarded in favour of the Appellant-Claimant vide Judgment dated 19.01.2024 in M.A.C. Case No.52 of 2021 by the learned Addl. District Judge-cum-MACT(3), Kendrapara.

It is contended that against the claim of Rs.12,00,000/- made by the Appellant-Claimant, the Tribunal on the face of the material placed before it, only awarded compensation amount of Rs.8,71,164/- along with interest @ 6% per annum payable from the date of filing of application. It is accordingly contended that the award amount needs further enhancement.

Learned counsel appearing for Respondent No. 2-Insurance Company though supported the impugned Judgment, but in course

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of hearing, it is agreed in between the Parties that Respondent No.2-Company (Insurer) will pay further compensation amount of Rs.1,50,000/- consolidated in favour of the Appellant-Claimant.

This Court considering the settlement arrived at in between the Parties, directs Respondent No.2-Company to deposit the aforesaid agreed amount of Rs.1,50,000/- consolidated towards further compensation before the Tribunal, within a period of eight (8) weeks from the date of receipt of this order.

It is directed that on such deposit of the amount before the learned Tribunal, the same shall be disbursed in favour of the Appellant-Claimant in full.

The compromise sheet signed in support of the settlement be kept in record.

The MACA is accordingly disposed of.

Biraja Prasanna Satapathy, J (2^nd National Lok Adalat)

Sneha

Signature Not Verified

Digitally Signed Signed by: SNEHANJALI PARIDA Reason: Authentication Location: High Court of Orissa, C utta ck Date: 15-Jul-2025 17:42:08

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