IN THE HIGH COURT OF ORISSA AT CUTTACK MACA No.295 of 2017 The Divisional Manager, New India Assurance Co. Ltd. …. Appellant Mr. S.K. Swain, Advocate. -versus- 1. Dibakar Pradhana 2. Mamata Sahu 3. Prasanta Sahu 4. Pravasini Sahu 5. Jambhu Sahu …. Respondents Mr. B. Moharana, Advocate for respondent nos.2 to 5. MACA No.541 of 2017 1. Mamata Sahu 2. Prasanta Sahu 3. Pravasini Sahu 4. Jambhu Sahu …. Appellants Mr. B.N. Rath, Advocate. -versus- 1. Dibakar Pradhana 2. Divisional Manager, The New India Assurance Co. Ltd. …. Respondents Mr. S.K. Swain, Advocate for respondent no.2. CORAM: JUSTICE S.K. SAHOO ORDER 13.09.2025 Order No. 11. Both the matters are placed in the National Lok Adalat and are taken up through Hybrid arrangement (video conferencing/physical mode). Learned counsel for the appellant-Insurance Company as well as learned counsel for the claimant- respondent nos.2 to 5 and Officers of the Insurance Company are present. Since the respondent nos.2 to 5 in MACA No.295 of 2017 and appellants in MACA No.541 of 2017 are same, both the appeals are heard analogously and disposed of by this common order. Learned counsel for respondent nos.2 to 5 filed a memo today stating therein that during pendency of the appeal, respondent nos.2 and 5 in MACA No.295 of 2017 and appellant no.1 and 4 in MACA No.541 of 2017 namely, Mamata Sahu and Jambhu Sahu have already been dead and as the other legal heir is in the record, no substitution is required. So, their name be deleted from the cause title. The memo is kept on record. In view of the memo filed, the name of respondent nos.2 and 5, Mamata Sahu and Jambhu Sahu are deleted from the case record. As agreed by the parties, the awarded amount of Rs.8,94,000/- (rupees eight lakhs ninety four thousand) along with interest at the rate of 7% per annum from the date of filing of the claim application i.e. 18.08.2011 is modified and reduced to Rs.6,75,000/- (rupees six lakhs seventy five thousand) with simple interest at the rate of 6% per annum from the date of claim application before the Tribunal i.e. 18.08.2011. The compromise sheet signed by both the parties/their authorized representatives is taken on record. It is further directed that the appellant- Insurance Company shall deposit the modified amount along with interest as directed above within a period of two months from the date of receipt of this order before the 2nd Motor Accident Claims Tribunal (SD), Berhampur, Ganjam in M.A.C. Case No.138 of 2012 (285/2011-GDC). On depositing the same, the learned Tribunal shall reapportion the amount keeping in view the ratio fixed in the impugned judgment and accordingly, resettle the amount in favour of the other claimants. However, the default interest @9% is waived out and the right of recovery as granted by the learned Tribunal is to be continued. On production of proof regarding deposit of the modified amount before the Tribunal, the statutory deposit along with accrued interest be refunded to the Insurance Company on proper application. As the settlement is arrived at before the Lok Adalat, no Court fee shall be levied from the claimants. Accordingly, both the MACAs are disposed of. Free copies of this order be handed over to the learned counsel for respective parties. ( S.K. Sahoo, J.) (National Lok Adalat) RKM Designation: Personal Assistant