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2024 DAILYLAW 528 (ORI)

M/S. ICICI LOMBARD G.I. CO. L.T.D v. TARABATI PADHAN

MACA/667/2024 · 2026-03-14

V Narasingh

body2024

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK MACA No. 667 of 2024 M/s. ICICI Lombard General Insurance Co. Ltd., Bhubaneswar …. Appellant Mr. A. Dash, Advocate -versus- 1. Tarabati Padhan 2. Pushu Padhan 3. Prashna Padhan 4. Malati Padhan 5. Judhistra Sahu …. Respondents Mr. P.K. Mishra, Adv. (R-1 to 4) MACA No. 322 of 2024 1. Tarabati Padhan 2. Pushu Padhan 3. Prashna Padhan 4. Malati Padhan …. Appellants Mr. P.K. Mishra, Advocate -versus- 1. Judhistra Sahu 2. Bharati AXA General Insurance Co. Ltd., C/o. The Legal Manager, ICICI Lombard GIC Co. Ltd. …. Respondents Mr. A. Dash, Adv. (R-2) CORAM: JUSTICE V. NARASINGH Order No. ORDER 14.03.2026 04. 1. This matter is taken up today in the 1st National Lok Adalat through Hybrid Mode for settlement on the basis of compromise. 2. MACA No.322 of 2024 has been filed by the Appellants (claimants before the Court below) for enhancement of the awarded amount passed in M.A.C. No.22 of 2022, whereas MACA No.667 of 2024 has been filed by the Appellant-Insurance Company challenging the selfsame judgment passed in M.A.C. No.22 of 2022. 3. Learned counsel Mr. A. Dash has entered appearance on behalf of Respondent No.2 in MACA No.322 of 2024 by filing Vakalatanama. The same is taken on record. 4. Heard learned counsel for the Appellants and learned counsel for the Respondents. 5. As agreed to, the amount of compensation is enhanced and quantified as sum of Rs.13,50,000/- (Rupees Thirteen Lakh Fifty Thousand) consolidated. The joint compromise sheet signed by both the parties/their authorized representatives is taken on record. 6. The MACA No.322 of 2024 accordingly stands disposed of. 7. Learned 1st MACT-cum-District Judge, Deogarh, is called upon to reapportion the aforesaid agreed amount in favour of Claimant Nos.1,2 and 4 before the Court below in MAC No.22 of 2022 as per the impugned Award proportionately. The default interest at the rate of 6% per annum is waived. 8. The awarded amount shall be deposited before the learned 1st MACT-cum-District Judge, Deogarh within a period of eight weeks from the date of receipt/production of this order. 9. In view of the disposal of the MACA No.322 of 2024, no further order need be passed in MACA No.667 of 2024. 10. Accordingly, the MACA No.667 of 2024 stands disposed of. 11. 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.667 of 2024. 12. As the cases are disposed of in the spirit of the Lok Adalat, no court fee is liable to be paid by the claimants. 13. The MACAs are accordingly disposed of. 14. Urgent certified copy of this order be granted as per rules. ( V. Narasingh ) Judge National Lok Adalat Santoshi/Ayesha