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2025 DAILYLAW 36892 (ORI)

MIRABAI MOHANTY v. AKSHAYA KU.TRIPATHY

MACA/625/2009 · 2025-05-10

S K Panigrahi

body2025

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK MACA No.625 of 2009 Mirabai Mohanty and Anr. …. Appellant(s) Mr. K.C. Nayak, Adv. -versus- Akshaya Kumar Tripathy & Anr. …. Respondent(s) Mr. Prasanta Kumar Mahali, Adv. (for R-2) CORAM: Dr. JUSTICE S.K. PANIGRAHI Order No. ORDER 10.05.2025 06. 1. This matter is taken up through hybrid arrangement (virtual/physical mode) in the 2nd National Lok Adalat, 2025. 2. Learned counsel for the Appellants/ Claimants and learned counsel for the Respondent No.2/ Insurance Company are present. Mr. M.K. Sahu, Manager & Officer-In-Charge of M/s. National Insurance Co. Ltd., Cuttack is also present in Court. 3. The Appellants/ Claimants have filed this MACA challenging the judgment and award dated 18th March, 2009 passed by the learned 2nd MACT, Cuttack in Misc. Case No.32 of 2002 thereby directing the Respondent No.2/ Insurance Company to pay award amount of Rs.14,00,000/- (Rupees fourteen lakh only) to Digitally Signed Signed by: BHABAGRAHI JHANKAR Reason: Authentication Location: ORISSA HIGH COURT, CUTTACK Date: 02-Jun-2025 14:09:14 Signature Not Verified the Appellants/Claimants along with interest @ 7% per annum from the date of application till payment within a period of one month of passing of that award. 4. At present, on the basis of the compromise made between the parties, the claim is modified and settled by a further consolidated sum of Rs.2,80,000/- (Rupees two lakh eighty thousand only) over and above the awarded amount. 5. The Respondent No.2/Insurance Company is directed to deposit the aforesaid consolidated award amount before the learned 2nd MACT, Cuttack in Misc. Case No.32 of 2002 within a period of eight weeks, whereafter the same shall be disbursed in favour of the Claimant(s) in terms of the order and also after keeping proof of identification. The impugned award is modified to the above extent. 6. At this juncture, it is stated that the original award amount has not been paid to the Appellants/ Claimants. In such premises, it is directed that if the Appellants/ Claimants have not received the original award amount, the Respondent No.2/ Insurance Company shall deposit the original award amount along with the consolidated award amount before the learned 2nd MACT, Cuttack in Misc. Case No.32 of 2002, whereafter the same shall be disbursed in favour of the Claimant(s) in terms of its order as stated supra. 7. The MACA is, accordingly, disposed of. Digitally Signed Signed by: BHABAGRAHI JHANKAR Reason: Authentication Location: ORISSA HIGH COURT, CUTTACK Date: 02-Jun-2025 14:09:14 Signature Not Verified 8. The MACA having been disposed of in the 2nd National Lok Adalat, 2025, Court fee, if any, is not payable. ( Dr. S.K. Panigrahi) Judge 2nd National Lok Adalat, 2025 B. Jhankar