M/S. ROYAL SUNDARAM ALLIANCE INSURANCE CO. L.T.D. v. ASHOK KUMAR DAS
MACA/814/2024 · 2026-03-14
Sanjay Kumar Mishra
body2024
DailyLaw.ai
[ 2024 DAILYLAW 562 (ORI) · dailylaw.ai ]
DailyLaw.ai
[ 2024 DAILYLAW 562 (ORI) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ORISSA AT CUTTACK
MACA No.814 of 2024
M/s. Royal Sundaram Alliance Insurance Co. Ltd.
…. Appellant
Mr. Adam Ali Khan, Advocate
-versus-
Ashok Kumar Das and others …. Respondents
Mr. Pratap Kumar Behera, Advocate (For Respondent Nos.1, 2, 4 & 5)
CORAM: JUSTICE SANJAY KUMAR MISHRA
Order No.
ORDER 14.03.2026
02.
This matter is taken up through hybrid mode in the 1st National Lok Adalat, 2026.
2.
Learned Counsel for the parties file the Joint Compromise Petition indicating therein that parties have arrived at a compromise without any coercion and undue influence and settled the dispute/claim at Rs.52,00,000/- (Rupees fifty two lakhs) towards consolidated compensation as against the compensation awarded vide judgment dated 09.01.2024 passed in M.A.C. Case No.274 of 2021. The Joint Compromise Petition is taken on record. 3. Since parties are absent, on being asked, learned Counsel for the parties submit, they have executed the Joint Compromise Petition after taking consent from their respective clients. 4. Mr. Behera, learned Counsel for Respondent Nos.1, 2, 4 & 5 files a Memo enclosing thereto an attested photo copy of the
death certificate of Panchanan Das (Respondent No.3) in the Lok Adalat after serving a copy thereof on Mr. Khan, learned Counsel for the Appellant-Insurance Company, stating therein that in the meantime, Respondent No.3 has died and his L.Rs are already on record as Respondent Nos.1, 2, 4 & 5. Therefore, he prays that the share of Respondent No.3 from the re-fixed amount may be distributed among the other claimants/respondents. The Memo filed in the Lok Adalat be kept on record. 5. Mr. Behera, learned Counsel for the Respondent Nos.1, 2, 4 & 5 submits, the Counsel for the Respondents/Claimants, who was representing them before the Court below, has died in the meantime. He further submits, as per the instruction received from the present Respondents, appropriate order be passed for apportionment of the revised compensation amount and deposit of the said compensation amount by the Appellant- Insurance Company before the Registry of this Court, so that the amount can be disbursed in favour of the Respondents with proper identification. He files a Memo to the said effect, which be kept on record. 6. Mr. Khan, learned Counsel for the Appellant-Insurance Company submits, he has no objection to such submissions made by the learned Counsel for the Respondent Nos.1, 2, 4 &
5. However, Mr. Khan submits that let an Affidavit be filed by any of the Respondents to the said effect. 7. Mr. Behera, learned Counsel for the Respondent Nos.1, 2, 4 & 5 undertakes to file an Affidavit to the said effect with the Registry within ten days hence after serving copy thereof on Mr. Khan, learned Counsel for the Appellant-Insurance Company. 8.
In view of the aforesaid submissions made by the learned Counsel for the parties, so also joint compromise petition, the impugned Award is modified accordingly. The Appellant-
Insurance Company is directed to deposit the modified consolidated compensation amount of Rs.52,00,000/- in shape of an account payee cheque, drawn in the name of Registrar (Judicial) of this Court, within eight weeks hence as undertaken in the joint petition. 9. Out of the said deposited amount, Respondent No.1, father of the deceased, shall get Rs.25,50,000/- (Rupees twenty five lakhs fifty thousand); out of which, Rs.20,00,000/- (Rupees twenty lakhs) be kept as fixed deposit in his name in a Nationalized Bank for a period of five years and the balance amount of Rs.5,50,000/- (Rupees five lakhs fifty thousands) be paid to him in shape of cheque. Similarly, the Respondent No.2, mother of the deceased, shall get Rs.25,50,000/- (Rupees twenty five lakhs fifty thousand); out of which Rs.20,00,000/- (Rupees twenty lakhs) be kept as fixed deposit in her name in a Nationalized Bank for a period of five years and the balance amount of Rs.5,50,000/- (Rupees five lakhs fifty thousand) be paid to her in shape of cheque. The Respondent Nos.4 & 5, who are the grandmother and younger brother of the deceased respectively, shall get a sum of Rs.50,000/- (Rupees fifty thousand) each and the said amount be paid to them in shape of cheque. 10.
Learned Counsel for the Respondent Nos.1, 2, 4 & 5 is
directed to file an Affidavit, to be sworn by one of the Respondents, within a period of one week hence to substantiate his submission so also the averments made in the Memos, both dated 14.03.2026, filed today before the Lok Adalat.
11. Since the matter has been settled amicably, on filing of receipt before the Registry in proof of deposit of the compromised amount before Registrar (Judicial) of this Court, the statutory amount deposited by the Appellant-Insurance Company be refunded along with accrued interest thereon
within a period of four weeks from the date of deposit of the agreed amount of Rs.52,00,000/- before the Registrar (Judicial).
12. Accordingly, the MACA stands disposed of.
13. Since the Appeal is disposed of in Lok Adalat, no Court Fee shall be payable by the Claimants.
14. Free copy of this order be provided to the learned counsel for the parties.
Prasant
(S. K. Mishra, J.) National Lok Adalat
Designation: Secretary Location: High Court of Orissa, Cuttack.