Orissa High Court
Mst. Manju Kisan & Ors vs Sarbeswar Behera & Anr on 21 November, 2024
Author: Biraja Prasanna Satapathy
Bench: Biraja Prasanna Satapathy
IN THE HIGH COURT OF ORISSA AT CUTTACK
MACA No.973 of 17
Mst. Manju Kisan & Ors. ..... Appellants
Mr. P.K. Mishra, Advocate
-versus-
Sarbeswar Behera & Anr. ..... Respondents
Mr. S. Roy, Advocate
(Respondent No. 2)
CORAM:
THE HON'BLE MR. JUSTICE BIRAJA PRASANNA SATAPATHY
ORDER
21.11.2024
Order No.09
1. This matter is taken up through hybrid mode.
2. Heard Mr.P.K. Mishra, learned counsel appearing for the
Appellants-Claimants and Mr. S. Roy, learned counsel appearing for
the Respondent No. 2-Company.
2. The present appeal has been filed by the Appellants-Claimants
seeking enhancement of the compensation so awarded by the
learned 1st MACT, Deogarh vide Judgment dtd.19.07.2017 in MAC
Case No. 09 of 2014.
3. Learned counsel appearing for the Appellants-Claimants
contended that on the face of the claim made to the tune of
Rs.10,00,000/-, the Tribunal without proper appreciation of the
materials placed before it, only awarded compensation amount of
Rs.8,00,200/- along with interest @ 6% per annum payable from the
date of filing of the claim application till its realization.
4. It is contended that the Tribunal while assessing the compensation
at Rs.8,00,200/-,wrongly held the monthly income of the deceased
at Rs.5,700/- instead of Rs.10,000/- without any contrary evidence.
It is also contended that the Tribunal while assessing the
compensation never allowed compensation towards future prospects
and allowed interest at a lower side @ 6% instead of 12%. It is
accordingly contended that had the Tribunal properly appreciated
the aforesaid contentions raised by the learned counsel for the
Appellants, the Appellants-Claimants would have been awarded
higher compensation than the compensation so awarded vide the
impugned Judgment.
4.1. However, in course of hearing learned counsel appearing for the
Appellants-Claimants contended that if this Court will allow further
compensation amount of Rs.4,50,000/- consolidated, ends of justice
will be met.
5. Mr. S. Roy, learned counsel appearing for the Respondent No. 2-
Company though supported the impugned award, but to the
submission made for award of further compensation of
Rs.4,50,000/- consolidated by the learned counsel for Appellant,
leave the same to the discretion of this Court.
6. Having heard learned counsel appearing for the Parties and
considering the submissions made, this Court is inclined to dispose
of the appeal by holding that the Appellants-Claimants entitled to
get further compensation amount of Rs.4,50,000/- consolidated.
While holding so, this Court directs Respondent No. 2-Company to
deposit the aforesaid compensation amount of Rs.4,50,000/-
consolidated before the Tribunal within a period of eight (8) weeks
from the date of receipt of this order. On such deposit of the amount,
the Tribunal shall disburse the same in favour of the Appellants-
Claimants proportionately in terms of the Judgment dtd.18.02.2019.
6.1. However, it is observed that if the amount as directed is not
deposited within the aforesaid time period, the compensation
amount of Rs.4,50,000/- consolidated will carry interest @ 6% per
annum payable for the period starting from the expiry of the period
of eight (8) weeks till the amount is so deposited.
7. The appeal is accordingly disposed of.
(BIRAJA PRASANNA SATAPATHY)
Judge
Sneha
Location: High Court of Orissa, Cuttack
