Deepak Ku.Khatua Vs Dillip Ku.Pradhan

Mr. D.C. Swain, learned counsel for the Appellant-Claimant and Mr. Girija Prasad Dutta, learned counsel and Mr. Bibekananda Bal, Manager (Legal) of Respondent No.2-Insurance Company are present.

It is submitted that Bharati AXA GIC Ltd. has been merged with M/s. ICICI Lombard General Insurance Co. Ltd. in the month of September, 2021.

This appeal has been filed by the Appellant-Claimant, challenging the judgment and order dated 09.12.2015 passed by the learned 3^rd MACT, Jagatsinghpur in M.A.C. No. 241 of 2013 directing the Respondent No.2-Insurance Company to pay an amount of Rs.1,39,000/- (Rupees one lakh thirty-nine thousand) only to the Appellant-Claimant along with interest at the rate of 6% per annum from the date of filing of the claim petition, i.e., from 30.11.2013 till payment from the Respondent No.2-Insurance Company. The appeal has been filed for enhancement.

In full and final settlement of the claim, it is now agreed between the Appellant-Claimant and Respondent No.2-Insurance Company that a consolidated amount of Rs.1,20,000/- (Rupees one

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lakh twenty thousand) only which includes interest shall be paid by the Insurance Company to the Appellant-Claimant within a period of eight weeks.

The compromise memo signed by Mr. Dibya Charan Swain, learned counsel for the Appellant-Claimant, Mr. Girija Prasad Dutta, learned counsel for the Respondent No.2-Insurance Company and Mr. Bibekananda Bal, Manager (Legal) of Respondent No.2Insurance Company is filed and taken on record.

It is, therefore, directed that the Respondent No.2-Insurance Company shall deposit the aforesaid consolidated amount of Rs.1,20,000/- (Rupees one lakh twenty thousand) only, which includes interest, within a period of eight weeks from today before the Tribunal. The said amount shall be apportioned/kept in fixed deposit and/or disbursed as per direction of the learned Tribunal.

The Respondent No.2-Insurance Company shall also file document in support of the submission regarding merger of Bharati AXA GIC Ltd. with M/s. ICICI Lombard General Insurance Co. Ltd. before the Tribunal.