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2025 DAILYLAW 2823 (ORI)

THE MANAGER (LEGAL CLAIMS ), MAGMA HDI GENRAL INSURANCE COMPANY LIMITED,BBSR v. MAHENDRA NAHAK

MACA/1188/2025 · 2026-03-14

Miss Savitri Ratho

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK MACA No.1188 of 2025 The Manager, (Legal Claims), MAGMA HDI General Insurance Company Limited …. Appellant None -versus- 1. Sri Mahendra Nahak 2. Sanjaya Kumar Nahak …. Respondents Mr. Pradeep Kumar Mishra, Advocate (For Respondent No.1) MACA No.1205 of 2025 Sri Mahendra Nahak …. Appellant Mr. Pradeep Kumar Mishra, Advocate -versus- 1. Sanjaya Kumar Nahak 2. The Manager (Legal Claims), MAGMA HDI General Insurance Co. Ltd. …. Respondents None CORAM: HON’BLE MS. JUSTICE SAVITRI RATHO Order No. ORDER 14.03.2026 01. 1. Mr. Pradeep Kumar Mishra, learned counsel for the Claimant (Respondent No.1 in MACA No. 1188 of 2025 and Appellant in MACA No. 1205 of 2025) is present. 2. MACA No. 1188 of 2025 has been filed by the Appellant - Insurance Company and MACA No.1205 of 2025 has been filed by the Claimant, challenging the judgment dated 06.08.2025 passed by the learned 3rd Additional District Judge-cum-6th M.A.C.T., Berhampur in M.A.C. No. 230 of 2024, directing the Insurance Company to pay the compensation of Rs.16,87,000/- (Rupees Sixteen Lakhs Eighty Seven Thousands only) to the Claimant along with interest @ 6% per annum within from the date of filing of claim application i.e. 14.08.2024, till its realization within one month hence. p. 2 3. In full and final settlement of the claim, it is now agreed between the Insurance Company (Appellant in MACA No.1188 of 2025 and Respondent No.2 in MACA No. 1205 of 2025) and Claimant (Respondent No.1 in MACA No. 1188 of 2025 and Appellant in MACA No. 1205 of 2025) that a modified consolidated amount of Rs.13,65,000/- (Rupees Thirteen Lakhs and Sixty Five Thousands only), which includes interest, shall be paid by the Insurance Company to the Claimant within a period of eight weeks in full and final settlement of the claim. 4. The compromise memo signed by Mr. Adam Ali Khan, learned counsel for the Insurance Company and Mr. Pradeep Kumar Mishra, learned counsel for Claimant is taken on record in MACA No. 1188 of 2025. 5. It is, therefore, directed that the Insurance Company (Appellant in MACA No.1188 of 2025 and Respondent No.2 in MACA No. 1205 of 2025) shall deposit the aforesaid consolidated agreed amount of Rs.13,65,000/- (Rupees Thirteen Lakhs and Sixty Five Thousands only), which includes interest, within a period of eight weeks from today before the Tribunal. The amount shall be apportioned/invested and/or disbursed as per direction of the learned Tribunal. 6. As the settlement is arrived at before the National Lok Adalat, no court fee shall be levied. 7. Cheque No. 979783 dated 15.10.2025 submitted towards deposit of statutory amount shall be returned to the Appellant-Insurance Company on furnishing proof of payment/deposit of the consolidated amount. 8. The MACAs are accordingly disposed of. 9. Urgent certified copy of this order be granted on proper application. (Savitri Ratho) Judge 1st National Lok Adalat puspa Designation: Personal Assistant