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2025 DAILYLAW 46207 (ORI)

SITA SAMAL v. DIVISIONAL MANAGER, NATIONAL INSURANCE CO.LTD.

MACA/617/2020 · 2025-03-08

M S Sahoo

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK MACA No.617 of 2020 Sita Samal and others …. Appellants Mr. S.K. Joshi, Advocate -versus- Divisional Manager, National Insurance Co. Ltd. & another …. Respondents Mr. P.K. Mahali, Advocate for Insurance Company CORAM: JUSTICE M.S. SAHOO Order No. ORDER 08.03.2025 (Hybrid Mode) 01. 1. This matter is taken up in the 1st National Lok Adalat, 2025. 2. The appeal is a challenge by the appellants-claimants to the judgment and award dated 4th March, 2020 passed by the learned District Judge-cum-1st MACT, Nayagarh in M.A.C. No.109 of 2017. The claimants have sought for enhancement against the owner of the vehicle (Respondent no.2) as well as Insurance Company (Respondent no.1). 3. Mr. Joshi, learned counsel for the appellants and Mr. P.K. Mahali, learned counsel for the Respondent no.1-Insurance Company along with Mr. Monoj Kumar Sahu, Manager & Officer- in-Charge, National Insurance Company Ltd., Cuttack are present and have also put their signature as endorsement of the settlement in the Lok Adalat. p. 2 4. The parties have agreed for settlement in terms of the memorandum of settlement which is filed today before the Lok Adalat and the same is taken on record. The terms of settlement as agreed between the parties is reproduced below. “1. We, the above named Appellant(s) and Respondent(s) have arrived at a compromise without correction and undue influence and have settled the dispute at Rs.6,90,000/- (Rupees Six Lakh Ninety Thousand) only, in full satisfaction of the claims subject to payment of interest as indicated below. We request the Hon’ble Lok Adalat to record our compromise and pass necessary judgment/order making our agreement a part of the said judgment/order. We further state that the appellant/respondent is willing to issue a Cheque for the aforesaid amount within 8 weeks of passing of the judgment/order. The amount shall carry interest at the rate of 6% percent per annum from the date of application/from the date of judgment … … 2. The awarded amount further enhanced to Rs.2,00,000/-(Rupees Two Lakh) consolidated to be paid.” 5. In terms of the settlement, the amount agreed by the parties shall be deposited within eight weeks before the learned Tribunal. The learned Tribunal shall take steps for release/and/or apportionment of the amount upon proper identification of the claimant(s). 6. The MACA stands disposed of. (M.S. Sahoo, J.) 1st National Lok Adalat Jyostna