Sunadhar Pujari And Others vs Dharampal Sharma & Anr
2024 Latest Caselaw 17054 Ori

Orissa High Court

Sunadhar Pujari And Others vs Dharampal Sharma & Anr on 22 November, 2024

Author: Biraja Prasanna Satapathy

Bench: Biraja Prasanna Satapathy

     IN THE HIGH COURT OF ORISSA AT CUTTACK

                       MACA No.298 of 2016

Sunadhar Pujari and Others                .....              Appellants
                                                    Mr. P.K. Behera, Advocate

                                      -versus-
Dharampal Sharma & Anr.                  .....          Respondents
                                                    Mr. A. Dash, Advocate
                                                      (Respondent No. 2)

                    CORAM:
THE HON'BLE MR. JUSTICE BIRAJA PRASANNA SATAPATHY
                     ORDER

22.11.2024

1. This matter is taken up through hybrid mode.

2. Heard Mr. P.K. Behera, learned counsel appearing for the Appellant-Claimants and Mr. A. Dash, learned counsel appearing for the Respondent No. 2-Company.

3. The present appeal has been filed by the Appellant-Claimant seeking enhancement of the compensation so awarded by the learned District Judge-cum-1st MACT, Nabarangpur vide Judgment dtd.10.02.2016 in MAC Case No. 20/2015.

4. Learned counsel appearing for the Appellant-Claimant contended that on the face of the claim made to the tune of Rs.5,00,000/-, the Tribunal without proper appreciation of the materials placed before it, only awarded compensation amount of Rs.3,50,000/- along with interest @ 6% per annum payable from the date of filing of the application till its realization.

4.1. It is contended that the Tribunal while assessing the compensation wrongly take the income of the deceased at Rs.100/- per day, though during the relevant time the minimum wages of an unskilled labour was Rs.150/- per day. Not only that the tribunal while assessing the compensation never awarded any compensation towards future prospect and compensation awarded on miscellaneous head is on the lower side. It is accordingly contended that had the Tribunal properly appreciated the materials placed before it, the Appellant-Claimant would have been awarded higher compensation than the compensation so awarded vide the impugned Judgment.

4.2. However, in course of hearing learned counsel appearing for the Appellant-Claimant contended that if this Court will allow further compensation amount of Rs.3,00,000/- consolidated, ends of justice will be met.

5. Mr. A. Dash, 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.3,00,000/- 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 while interfering with the impugned award, is inclined to dispose of the appeal by holding that the Appellants-Claimants are entitled to get further compensation amount of Rs.3,00,000/- consolidated. While holding so, this Court directs Respondent No. 2-Company to deposit the aforesaid compensation amount of Rs.3,00,000/- 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 in terms of the Judgment dtd.10.02.2016.

6.1. However, it is observed that if the amount as directed is not deposited by Respondent No.2 within the aforesaid time period, the compensation amount of Rs.3,00,000/- 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
                              Basudev






Signed by: BASUDEV SWAIN                                                                  Page 3 of 3.


Location: High Court of Orissa, Cuttack
Date: 27-Nov-2024 13:17:16