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2017 DAILYLAW 1622 (ORI)

AKHIL DUTTA v. SATYABRATA NAYAK

MACA/931/2017 · 2026-05-09

Miss Savitri Ratho

body2017

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ORISSA AT CUTTACK MACA No. 931 of 2017 Akhil Dutta ….. Appellant Mr. Pradeep Kumar Mishra, Advocate Vs. 1. Satyabrata Nayak 2. Bharati AXA General Insurance Company Ltd. represented through its Legal Manager (Claims), Chhatishgarh ….. Respondents Ms. Rimjhimbala Pati, Advocate (for Respondent No.2) CORAM: JUSTICE SAVITRI RATHO ORDER 09.05.2026 Order No. 02. (Through hybrid mode) 1. Mr. Pradeep Kumar Mishra, learned counsel for the Appellant-Claimant, Ms. Rimjhimbala Pati, learned counsel for the Respondent No.2-Insurance Company and Mr. Bibekananda Bal, Legal Manager, ICICI, Lombard, General Insurance Company Ltd. are present. 2. Mr. Bibekananda Bal, Legal Manager, ICICI, Lombard, General Insurance Company Ltd. who is present submits that Bharati AXA GIC Ltd. has merged with ICICI, Lombard, General Insurance Company Ltd. in the month of September, 2021. 3. This appeal has been filed by the Appellant-Claimant, challenging the judgment/award dated 28.06.2017 passed by the learned 3rd Additional District Judge-cum-4th M.A.C.T., Cuttack in M.A.C. Case No. 255 of 2014/ 168 of 2015 directing the Respondent No.2-Insurance Company to pay a compensation of Rs.50,000/- (Fifty Thousands only) to the Appellant-Claimant along with interest @ 6% per annum from the date of filing of the claim application i.e. 11.04.2014 within two months. This appeal has been filed for enhancement. 4. In full and final settlement of the claim, it is now agreed between the Appellant-Claimant and the Respondent No.2-Insurance Company that a consolidated amount of Rs.70,000/- (Rupees Seventy Thousands) only, which includes interest, shall be paid by the Respondent No.2-Insurance Company to the Appellant-Claimant within a period of eight weeks. 5. The compromise memo signed by Mr. Pradeep Kumar Mishra, learned counsel for the Appellant-Claimant, Ms. Rimjhimbala Pati, learned counsel for the Respondent No.2- Insurance Company and Mr. Bibekananda Bal, Legal Manager, ICICI, Lombard, General Insurance Company Ltd. is taken on record. 5. It is, therefore, directed that the Respondent No.2-Insurance Company shall deposit the aforesaid consolidated amount of Rs.70,000/- (Rupees Seventy Thousands) only, which include interest, within a period of eight weeks from today before the Tribunal. The amount shall be invested/disbursed as per the direction of the Tribunal. Documents in support of merger of Bharati AXA GIC Ltd. with ICICI, Lombard, General Insurance Company Ltd. shall be filed before the Tribunal by the Insurance Company. 6. As the settlement is arrived at before the National Lok Adalat, no court fee shall be levied. 7. The MACA is accordingly disposed of. 8. Urgent certified copy of this order be granted on proper application. (Savitri Ratho) Judge 2nd National Lok Adalat puspa