Orissa High Court

MACA/529/2022 of DEBASIS DAS Vs KALPATARU MALICK on 12 September 2026

of 2 IN THE HIGH COURT OF ORISSA AT CUTTACK MACA No.529 of 2022 CNR No. ODHC010699102022 Debasis Das … Appellant Mr. D.C. Swain, Advocate -versus- Kalpataru Malick and another … Respondents Mr. G.P. Dutta, Advocate (R-2) CORAM: JUSTICE G. SATAPATHY Order No. ORDER(ORAL):12.09.2026 1

IN THE HIGH COURT OF ORISSA AT CUTTACK

MACA No.529 of 2022

CNR No. ODHC010699102022

Debasis Das

…

Appellant

Mr. D.C. Swain, Advocate

-versus-

Kalpataru Malick and another

…

Respondents

Mr. G.P. Dutta, Advocate (R-2)

CORAM: JUSTICE G. SATAPATHY

Order No.

ORDER(ORAL):12.09.2026

02.

1. The record is put up today in the 3rd National Lok Adalat, 2026.

2. The joint compromise petition filed by the parties is taken up for consideration. It appears from the compromise petition that the parties have settled the matter amicably outside the Court on the intervention of the learned counsel for respective parties and they have accordingly, entered into an agreement to settle the claim amount with further enhancement of award for a consolidated sum of Rs.1,00,000/- including interest. In addition, Ms. Bansita Sahoo, the authorized representative of the insurer-cum-R2 is present and acknowledged the compromise and, therefore, it appears that the parties have entered into an agreement without undue influence and coercion. Hence, the compromise appears to be genuine and lawful and the joint compromise petition does form part of the record.

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3. In view of the above development and taking into account the spirit of Lok Adalat keeping in view the compromise entered into by the parties, the compromise petition filed by the parties’ stands allowed. Accordingly, the appeal stands disposed of in terms of the compromise and consequently, the impugned judgment is modified & enhanced by a further consolidated sum of Rs.1,00,000/- including the interest towards full and final settlement of the case. It is, however, made clear that the finding of the learned Tribunal as to the right to recovery has not been disturbed.

4. Hence, the insurer is, hereby, directed to pay the modified consolidated compensation of Rs.1,00,000/-within eight weeks hence and on deposit of the aforesaid compensation amount, the same shall be disbursed to the claimant-cum-appellant in cash.

(G. Satapathy Judge)

3rd National Lok Adalat

Subhasmita

Digitally Signed Signed by: SUBHASMITA SASMAL Designation: Sr. Stenographer Reason: Authentication Location: High Court of Orissa Date: 14-Sep-2026 11:03:29 Signature Not Verified

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