Hiramani Nayak vs Smrutimayee Jena @ Nayak
2023 Latest Caselaw 9674 Ori

                       IN THE HIGH COURT OF ORISSA AT CUTTACK
                                 MACA No.588 of 2020
                 Hiramani Nayak                              ....      Appellant
                     Mr. T. Kumar on behalf of Mr. Debasis Tripathy, Advocate
                                         -versus-
                 Smrutimayee Jena @ Nayak                    ....    Respondent
                           Mr. D.P. Dhalasamanta, counsel for Respondent No.1
                           CORAM:
                           SHRI JUSTICE B. P. ROUTRAY
                                          ORDER

21.8.2023 Order No. I.A. No.933 of 2020 & MACA No.588 of 2020

07. 1. The matter is taken up through hybrid mode.

2. Heard Mr. T. Kumar, learned counsel for the Appellant - Petitioner and Mr. D.P. Dhalasamanta, learned counsel for the contesting Respondent No.1.

3. The Appellant is the mother of the deceased namely, Kailash Chandra Nayak and Respondent No.1 is the wife of the deceased. The Appellant disputes the status of Respondent No.1 as the wife of the deceased. It is contended by the Appellant that the widow filed MAC Case No.502 of 2015 without impleading her as a party and further, she was not the legally married wife of the deceased. As such, the impugned award dated 24th December, 2019 passed in MAC No.502 of 2015 has been challenged before this court.

4. Perusal of the impugned award reveals that the tribunal while granting compensation has directed portion of the same to be given to the mother, the present Appellant and father of the deceased. However it is the contention of the Appellant that Respondent No.1 being not legally married wife of the deceased is not entitled for any compensation and the claim application filed by her without impleading the parents as parties is untenable.

5. In course of hearing the admitted facts reveal that a civil suit bearing CS No.100 of 2020 was filed by the mother in the court of Sr. Civil Judge, Pattamundai to declare the Appellant and her husband as only legal heirs of deceased Kailash Chandra Nayak and the legal heir certificate bearing LHC Case No.459 of 2015, issued by the Additional Tahasildar, Pattamundai as void and illegal. But it is also admitted at the Bar that said suit has been dismissed on 30th March 2020 for default.

6. When the admitted fact remains that the suit filed by the Appellant has been dismissed since March 2020 and Respondent No.1 has already received her share in terms of the direction of learned tribunal issued in the impugned judgment, no reason is found there to keep the appeal pending for adjudication. It is reiterated here that the Appellant and her husband have been paid certain portion of the award in their favour by the learned tribunal.

7. Accordingly, in the circumstances, the appeal is disposed of.

( B.P. Routray) Judge M.K.Panda

Signature Not Verified Digitally Signed Signed by: MANAS KUMAR PANDA Designation: Senior Steno Reason: Authentication Location: OHC, Cuttack Date: 21-Aug-2023 18:16:03