M/S. NATIONAL INSURANCE COMPANY LTD., CUTTACK v. MINAPRAVA @ MINA @ MINATI BEHERA
Court: High Court of Orissa
Bench: DR. JUSTICE S.K. PANIGRAHI
Judgment date:
Case summary
High Court of Orissa judgment dated 2025-12-13. M/S. NATIONAL INSURANCE COMPANY LTD., CUTTACK v. MINAPRAVA @ MINA @ MINATI BEHERA. Read the judgment and...
Judgment text
Signature Not Verified Digitally Signed Signed by: BHABAGRAHI JHANKAR Reason: Authentication Location: ORISSA HIGH COURT, Date: 19-Dec-2025 13:50:35 IN THE HIGH COURT OF ORISSA AT CUTTACK MACA No. 1297 of 2025 M/s. National Insurance …. Appellant(s) Company Limited, Cuttack Mr. Subrat Satpathy, Adv. -versus- Minaprava @ Mina @ Minati …. Respondent(s) Behera & Ors. Mr. Pradeep Kumar Mishra, Adv. (For Res. Nos. 1 to 5) CORAM: Dr. JUSTICE SANJEEB K PANIGRAHI Order No. ORDER 13. 12. 2025 1. 1. This matter is taken up through hybrid arrangement th (virtual/physical mode) in the 4 National Lok Adalat, 2025. 2. Learned counsel for the Appellant/ Insurance Company and learned counsel for the Respondent Nos. 1 to 5/ Claimants are present. The Officers of the Insurance Company are also present. 3. Heard. 4. The Appellant/ Insurance Company has filed this MACA challenging the judgment and award dated 23. 07. 2025 passed by rd th the learned 3 ADJ-cum- 4 MACT, Cuttack in MAC Case No.
123 of 2016 thereby directing the Appellant/ Insurance Company to pay // 2 // Signature Not Verified Digitally Signed Signed by: BHABAGRAHI JHANKAR Reason: Authentication Location: ORISSA HIGH COURT, Date: 19-Dec-2025 13:50:35 compensation amount of Rs. 38,84,844/- (Rupees Thirty-eight lakh Eighty-four thousand Eight hundred Forty-four only) to the Respondent Nos. 1 to 5/Claimants with simple interest @ 7 % per annum from the date of filing of the claim application till payment. 5. Challenging the aforesaid impugned award, the claimants have also filed appeal i. e. MACA No. 1189 of 2025 for enhancement of the awarded amount. 6. At present, on the basis of the compromise made between the parties, the claim is settled by modifying/ reducing the amount awarded from Rs. 38,84,844/- (Rupees Thirty-eight lakh Eighty-four thousand Eight hundred Forty-four only) to Rs. 38,00,000/- (Rupees Thirty-eight lakh only) with interest @ 6 per cent per annum from the date of application.
The Insurance Company undertakes to re-calculate and deposit the modified award amount before the rd th learned 3 ADJ-cum- 4 MACT, Cuttack in MAC Case No. 123 of 2016 within a period of eight weeks hence along with the interest @ 6 per cent per annum. 7. On deposit of the modified award amount along with the interest rd th as stated above before the 3 ADJ-cum- 4 MACT, Cuttack in MAC Case No. 123 of 2016, the same shall be disbursed to the Respondent Nos. 1 to 5 in terms of its order proportionately. Moreover, on filing of a receipt evidencing the deposit before this Court with a refund application, the statutory deposit, if any, made before this Court with accrued interest thereon shall be refunded to the // 3 // Signature Not Verified Digitally Signed Signed by: BHABAGRAHI JHANKAR Reason: Authentication Location: ORISSA HIGH COURT, Date: 19-Dec-2025 13:50:35 Appellant/Insurance Company. The default/ penal interest @ 12 per cent as imposed by the Tribunal is waived.
The compromise sheet signed by both the parties/ their authorized representatives be kept on record. 8. The MACA is, accordingly, disposed of. th 9. The MACA having been disposed of in the 4 National Lok Adalat, 2025, no Court fee is payable. 10. In view of disposal of the present MACA filed by the Insurance Company, the appeal i. e. MACA No. 1189 of 2025 stated to have been filed by the claimants, the present Respondent Nos. 1 to 5, is dropped. 11. Certified copy of this order be issued as per Rules. (Dr. Sanjeeb K Panigrahi) Judge th 4 National Lok Adalat, 2025 B. Jhankar
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