DIVISIONAL MANAGER,SHRIRAM G.I.CO.LTD. v. MINATI SAHU
MACA/910/2016 · 2026-05-09
S K Panigrahi
body2016
DailyLaw.ai
[ 2016 DAILYLAW 1343 (ORI) · dailylaw.ai ]
DailyLaw.ai
[ 2016 DAILYLAW 1343 (ORI) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ORISSA AT CUTTACK MACA No.910 of 2016 The Divisional Manager, Shriram General Insurance Co. Ltd., Rajasthan
….
Appellant(s) Mr. D.K. Patra, Adv. -versus- Minati Sahu & Ors. …. Respondent(s) Mr. P.R. Pattnaik, Adv.
CORAM:
HON’BLE DR.JUSTICE SANJEEB K PANIGRAHI
Order No.
04.
ORDER 09.05.2026
1. This matter is taken up through hybrid arrangement (virtual/physical mode) in the 2nd National Lok Adalat, 2026.
2. Mr. P.R. Pattanaik, learned counsel, along with his associates, has entered appearance on behalf of the Respondent No.1 to 5 by filing Vakalatnama in Court today, which is taken on record.
3.
Learned counsel for the Appellant/Insurance Company and learned counsel for the Respondents are present.
4. The Appellant/Insurance Company has filed this MACA challenging the judgment and award dated 18.07.2016 passed by the learned Addl. District Judge- cum-3rd Motor Accident Claims Tribunal, Jharsuguda in Digitally Signed Signed by: SIPUN BEHERA Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 25-May-2026 15:10:02 Signature Not Verified
M.A.C. Case No.56 of 2013, whereby the Appellant was
directed to pay compensation of Rs.18,21,840/- (Rupees eighteen lakhs twenty-one thousand eight hundred forty) to the Respondent Nos.1 to 5, along with interest @ 7.5% per annum from the date of application, i.e., 21.10.2013. It was further directed that on payment of the awarded amount, a sum of Rs.5,00,000/- (Rupees five lakhs) each was to be kept in fixed deposit in the names of Respondent Nos.4 and 5 respectively for a period of ten years or till they attain majority, whichever is earlier. A sum of Rs.4,00,000/- (Rupees four lakhs) was directed to be kept in fixed deposit in the name of Respondent No.1 for a period of five years, and a sum of Rs.50,000/- (Rupees fifty thousand) was directed to be kept in fixed deposit in the name of Respondent No.3 for a period of three years in any nationalized bank. The fixed deposit amounts were not to be mortgaged, withdrawn, or pledged as security in any manner without prior permission of the Tribunal.
5. Further, a sum of Rs.21,000/- (Rupees twenty-one thousand) was directed to be paid to Respondent No.2 and a sum of Rs.50,000/- (Rupees fifty thousand) to Respondent No.3 in cash. The balance amount of Rs.3,50,840/- (Rupees three lakhs fifty thousand eight hundred forty), together with accrued interest, was
directed to be paid to Respondent No.1. The Appellant Digitally Signed Signed by: SIPUN BEHERA Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 25-May-2026 15:10:02 Signature Not Verified
was further directed to pay the awarded amount in the shape of demand draft(s) or account payee cheque(s) within two months.
6. At present, on the basis of the compromise arrived at between the parties, the claim has been settled for a sum of Rs.18,21,840/- (Rupees eighteen lakhs twenty-one thousand eight hundred forty).
7.
Learned counsel for the Respondent Nos.1 to 5 files an affidavit of Respondent Nos.1 to 5 dated 07.05.2026, which is taken on record. The relevant paragraph of the said affidavit reads as under:
“4. The due to delay of dispose of the appeal the deponents did compromise with the O.P. No.2 and final it has been settled that the O.P. No.2 shall pay compensation amount of Rs.18,21,840/- (rupees eighteen lakhs twenty one thousand eight hundred forty) by way of cheques to deponent No.1 and rest of the deponents shall file no objection by way of an affidavit, if the deponent No.2 shall pay the compensation amount in favour of deponent no.1.
5. That, the deponents after receiving the compensation amounting to Rs.18,21,840/- (rupees eighteen lakhs twenty one thousand eight hundred forty), they will not any claim for future, any compensation or interest thereon from the O.P. No.2 or file any Execution Case against O.P. No.2 to release Digitally Signed Signed by: SIPUN BEHERA Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 25-May-2026 15:10:02 Signature Not Verified
the compensation amount with interest in future.
6. That, the O.P. 2 shall issued the cheque amounting to Rs.18,21,840/- (rupees eighteen lakhs twenty one thousand eight hundred forty) without any condition in favour of the deponent No.1 to avoid further procedure of the court as more than 10 years already been lapsed from the date of order of Hon’ble 3rd MACT.”
8.
Learned counsel for the Respondent Nos.1 to 5 also files a no objection affidavit of Respondent Nos.2 to 4 dated 07.05.2026, which is taken on record. The relevant paragraph of the said affidavit reads as under:
“4. That, due to delay of dispose of the appeal the deponents along with Minati Sahu did compromise with the O.P. No.2 and final it has been settled that the O.P. No.2 shall pay compensation amount of Rs. 18,21,840/- (rupees eighteen lakhs twenty one thousand eight hundred forty) by way of cheques to Minati Sahu, aged about 47 years, W/o- Late Ramesh Chandra Sahu, resident of Sukhadihi, PS- Mahida, PS- Rengali, Dist.- Jharsuguda were the deponents have no objection.”
9. In view of the above, the Appellant/Insurance Company is directed to deposit the aforesaid settled amount of Rs.18,21,840/- (Rupees eighteen lakhs twenty- one thousand eight hundred forty) before the Registry of Digitally Signed Signed by: SIPUN BEHERA Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 25-May-2026 15:10:02 Signature Not Verified
this Court within a period of eight weeks, whereafter the same shall be disbursed in favour of Respondent No.1, as Respondent Nos.2 to 4 have authorized the Respondent No.1 to receive the amount on their behalf. It is made clear that upon proper identification, the Registry of this Court shall release the aforesaid amount in favour of Respondent No.1. On filing of a receipt evidencing the deposit before this Court with a refund application, the statutory deposit, if any, made before this Court with accrued interest thereon shall be refunded to the Appellant/Insurance company.
10. It is also made clear that if any falsity is found in the affidavits filed before this Court today, the entire amount transferred to Respondent No.1 shall be liable to be refunded forthwith.
11. The MACA is, accordingly, disposed of.
12. The MACA having been disposed of in the 2nd National Lok Adalat, 2026, Court fee, if any, is not payable.
13. Certified copy of this order be issued as per Rules.
(Dr. Sanjeeb K Panigrahi) Judge
2nd National Lok Adalat, 2026
Sipun ORISSA, CUTTACK 15:10:02 Signature Not Verified