Heard Mr. G.P. Dutta vs Unknown
2021 Latest Caselaw 2924 Ori

                                MACA No.323 of 2019




9.    26.02.2021         I.A. No.1076 of 2019
                         Heard     Mr.    G.P.    Dutta,     learned      counsel   for
                   Appellant,     Mr.    P.K.    Mishra,     learned      counsel   for
                   Respondent Nos.1 & 2 and Mr. P.K. Behera, learned
                   counsel for the Respondent No.3.
                         Considering the rival contentions of the parties,
                   delay in filing of the appeal stands condoned, but subject
                   to the Appellant's paying a sum of Rs.1,000/- to the
                   learned counsel for the Respondent nos.1 & 2. Since
                   Mr. Dutta, learned counsel for Appellant makes the
                   payment in Court, the I.A. stands disposed of allowing
                   the same.

                                                         ...............................

(Biswanath Rath, J.)

10. 26.02.2021 MACA No.323 of 2019 & MACA No.206 of 2019 Since delay in filing the MACA No.323 of 2019 is condoned, on consent of the parties, both the appeals are taken up for final disposal.

Heard Mr. G.P. Dutta, learned counsel for Appellant, Mr. P.K. Mishra, learned counsel for Respondent Nos.1 & 2 and Mr. P.K. Behera, learned counsel for the Respondent No.3.

Both the appeal arises out the judgment & award dated 9.01.2019 passed by the 1st MACT, Angul in MAC No.182 of 2017.

Considering the rival contentions of the parties and taking into account the grounds taken in both the appeals, this Court while finding no scope for enhancement of the awarded amount, on the other hand

finds, there is slight irregularities in the matter of compensation so far it relates to wage factor, but however, considering that the accident has occurred in the year 2017, this Court instead of remanding the matter, reduces the awarded amount from Rs.10,58,160/- (Rupees Ten lakhs fifty-eight thousand one hundred sixty) only to Rs.9,73,000/- (Rupees Nine lakhs seventy-three thousand) only. The Insurance Company is directed to deposit the modified awarded amount with interest as directed by the order of the trial Court, before the Tribunal within a period of six weeks hence and the same shall be disbursed in favour of the claimant(s) proportionately as per the terms & conditions in the order of the Tribunal, but upon sufficient proof of identification before the Tribunal within a period of two weeks thereafter.

On deposit of the awarded amount before the Tribunal and filing of a receipt before this Court in token of such deposit with a refund application, the statutory deposit with accrued interest shall be refunded to the Insurance Company.

With the aforesaid observation and direction both the MACAs stand disposed of.

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(Biswanath Rath, J.)

Ayas