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2023 DAILYLAW 751 (ORI)

CHOLAMANDALAM MS GENERAL INSURANCE COMPANY LTD. v. PAYAL BALIARSINGH

MACA/130/2023 · 2026-05-09

V Narasingh

body2023

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ORISSA AT CUTTACK MACA No. 130 of 2023 Cholamandalam M.S. General Insurance Company Ltd. …. Appellant Mr. A.A. Khan, Advocate -versus- 1. Payal Baliarsingh 2. Jyotiranjan Nayak 3. Smt. Basanti Nayak 4. Tapan Kumar Panda …. Respondents Mr. P.K. Mishra, Adv. (R-1 to 3) MACA No. 228 of 2023 1. Payal Baliarsingh 2. Jyotiranjan Nayak 3. Smt. Basanti Nayak …. Appellants Mr. P.K. Mishra, Advocate -versus- 1. Tapan Kumar Panda 2. M/s. Cholamandalam Gen. Insurance Co. Ltd. represented through Manager Legal …. Respondents Mr. A.A. Khan, Adv. (R-2) CORAM: JUSTICE V. NARASINGH Order No. ORDER 09.05.2026 05. 1. This matter is taken up today in the 2nd National Lok Adalat through Hybrid Mode for settlement on the basis of compromise. 2. MACA No.228 of 2023 has been filed by the Appellants (claimants before the Court below) for enhancement of the awarded amount passed in M.A.C. No.72 of 2019, whereas MACA No.130 of 2023 has been filed by the Appellant-Insurance Company challenging the selfsame judgment passed in M.A.C. No.72 of 2019. 3. Heard learned counsel for the Appellants and learned counsel for the Respondents. 4. As agreed to, the amount of compensation is modified and quantified as sum of Rs.22,00,000/- (Rupees Twenty-Two Lakhs) consolidated which includes interest. The joint compromise sheet signed by both the parties/their authorized representatives is taken on record. 5. The MACA No.130 of 2023 accordingly stands disposed of. 6. Learned 1st MACT, Mayurbhanj, Baripada, is called upon to reapportion the aforesaid agreed amount in favour of Claimant(s) before the Court below in MAC No.72 of 2019 as per the impugned Award proportionately. The default interest at the rate of 6% per annum is waived. 7. The awarded amount shall be deposited before the learned 1st MACT, Mayurbhanj, Baripada within a period of eight weeks from the date of receipt/production of this order. 8. In view of the disposal of the MACA No.130 of 2023, no further order need be passed in MACA No.228 of 2023. 9. Accordingly, the MACA No.228 of 2023 stands disposed of. 10. Within six weeks of submission of proof regarding deposit of the modified amount before the Tribunal, the statutory deposit along with accrued interest be refunded to the Insurance Company as per procedure in MACA No.130 of 2023. 11. As the cases are disposed of in the spirit of the Lok Adalat, no Court fee is liable to be paid by the claimants. 12. The MACAs are accordingly disposed of. 13. Urgent certified copy of this order be granted as per rules. ( V. Narasingh ) Judge National Lok Adalat Santoshi/Ayesha