L.M., M/S. CHOLAMANDALAM GENERAL INSURANCE CO. LTD., BBSR vs RAHAN DASH @ BABA REHEN DASH

IN THE HIGH COURT OF ORISSA AT CUTTACK
MACA NO.620 of 2025
CNR No. ODHC010331022025
(In the matter of application under Section-173(1) of
M.V. Act, 1988).

Legal Manager, M/S.
Cholamandalam General
Insurance Co. Ltd.,
Bhubaneswar
… Appellant
-versus-

Rehan Dash @ Baba Rehen
Dash and another
… Respondents


For Appellant : Mr. G.P. Dutta, Adv

For Respondents

: Mr. D. Patnaik, Adv(R-1)


CORAM: JUSTICE G. SATAPATHY



DATE OF HEARING AND JUDGMENT: 10.11.2026

G. Satapathy, J.

1. This is an appeal U/S.173(1) of the Motor
Vehicles Act, 1988 (in short, “the Act”) by the
Insurance Company (in short, “the insurer”) against the
quantum of compensation granted to R1-injured by the
impugned judgment dated 15.02.2025 passed by
rd
learned 3 Motor Accident Claims Tribunal, Cuttack (in
short, “the Tribunal”) in MAC Case No.788 of 2019
directing the insurer to pay a sum of Rs.59,64,312/-
MACA No.620 of 2025
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along with simple interest @ 7% per annum w.e.f
23.07.2019 till its actual realization to the claimant-
cum-R1 with further default interest @ 12 % per
annum in case the award is not satisfied within two
months from the date of passing of the impugned
judgment.
2. The facts being largely undisputed are not
reiterated to avoid prolixity, but the insurance company
and the claimant-R1 have agreed for compromise in the
matter. Hence, notice against R2 stands dispensed
with.
3. Heard, Mr. G.P. Dutta, learned counsel for
the Appellant and Mr. Debasish Pattnaik, learned
counsel for R1 in the matter and perused the record.
3.1. In the course of hearing, Mr. Dutta by
producing a communication received from Company,
which is taken on record submits that the matter has
been settled at a consolidated sum of Rs. 60,00,000/-,
to which Mr. Debasish Pattnaik does not dispute.
MACA No.620 of 2025
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4. The aforesaid communication inter-alia
discloses the following: -
From: Jyotiranjan Sen (jyotiranjansen @cholams.
murugappa.com)

To: [email protected]

CC: [email protected];
[email protected];mano
[email protected]

Date: Sunday, 4 October, 2026 at 01:46pm, IST

Classification: Restricted

Dear Sir,
You are hereby authorized to endorse the compromise
petition on behalf of the company in the below
mentioned claims. Kindly do the needful.
Compromised
Claim No. Case No. Party Name
Amount
Chola MS V/s. Rehan
Dash @ Baba Rehen
Dash
3362497912 MACA 620/2025 Rs. 60,00,000/-

5. In view of the aforesaid facts and on
consideration of the materials and documents placed on
record together with the communication as produced by
the Appellant and taking guidance from the law laid
down by Apex court in Taslim Parvin & Another vrs.
(Smt.) Usha Devi & Another; 2018(2) TAC 22
(SC) , since the claim has been settled between the
claimant and the insurance company at a consolidated
MACA No.620 of 2025
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sum of Rs. 60,00,000/- which is accepted by the
claimant by filing a memo through his counsel Mr.
Debasish Pattnaik, this Court considers that interest of
justice would best serve, if the claim amount is settled
at a consolidated sum of Rs. 60,00,000/-.
6. In the result, the appeal is accordingly
disposed of on compromise, but the insurance company
is hereby directed to pay the consolidated sum of Rs.
60,00,000/- as compensation to the claimant-R1 within
eight weeks hence, failing which the Appellant is at
liberty to realize the same through the process of the
Court. The statutory deposit together with the accrued
interest thereon be refunded upon receipt of proof of
deposit of compensation by the Appellant before the
learned Tribunal. The communication referred above
does form part of this judgment.

(G. Satapathy)

Judge


Digitally Signed
Orissa High Court, Cuttack,
Signed by: PRIYAJIT SAHOO th
Dated the 10 day of November, 2026/Priyajit
Reason: Authentication
Location: HIGH COURT OF ORISSA
Date: 11-Nov-2026 17:39:21
Signature Not Verified
MACA No.620 of 2025
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