Orissa High Court
Bira @ Bira Kishore vs Bikas Samal & Another on 4 April, 2025
Author: Biraja Prasanna Satapathy
Bench: Biraja Prasanna Satapathy
IN THE HIGH COURT OF ORISSA AT CUTTACK
MACA No.114 of 2022
Bira @ Bira Kishore .... Appellants
Mohanty & Another Mr. B.B. Singh, Advocate
-versus-
Bikas Samal & Another .... Respondents
Mr. G.P. Dutta , Adv.
(Respondent No.2)
CORAM:
THE HON'BLE MR.JUSTICE BIRAJA PRASANNA SATAPATHY
ORDER
04.04.2025
Order No.
5. 1. This matter is taken up through Hybrid Arrangement
(Virtual/Physical) Mode.
2.Heard learned counsel appearing for the parties.
3. This appeal has been filed by the appellants-claimants
seeking enhancement of the award vide judgment
dt.23.12.2021 so passed by the learned First MACT, Jajpur
in MAC Case No.18 of 2016. Vide the said Judgment, the
Tribunal awarded compensation at Rs.19.01,656/- along
with interest @6% per annum payable from the date of
filing of the claim application till its realization. The
Tribunal also awarded default interest @ 9% per annum, if
the compensation so assessed is not deposited within a
period of three (3) months.
4. In support of the appeal, learned counsel appearing for
the appellants-claimants contended that while assessing
the compensation, no compensation was awarded towards
future prospect which should have been calculated @50%.
It is also contended that compensation awarded in other
different head is on the lower side.
4.1. Making all these submissions, learned counsel
appearing for the appellants-claimants contended that had
the Tribunal properly appreciated the documents exhibited
and the evidence laid and the decision governing the field,
the compensation amount should have been assessed at a
higher side. However, in course of hearing, learned counsel
appearing for the appellants-claimants contended that if
this Court will award further compensation amount of
15,00,000/-consolidated, ends of justice will be met.
5. Learned counsel appearing for the respondent-company
while contending that the award has already been satisfied,
left the aforesaid proposition made by the learned counsel for
the appellants-claimants to the discretion of this Court. It is
also contended that right of recovery so allowed by the
Tribunal be also extended in respect of the further
compensation amount to be paid by the appellant.
6. Having heard learned counsel for the parties and
considering the submission made, this Court while interfering
with the impugned judgment is inclined to held that
appellant-claimant entitled to get further compensation
amount of Rs.15,00,000/- consolidated over and above the
awarded amount. This Court accordingly directs the
respondent-Company to deposit further compensation
amount of Rs.15,00,000/- consolidated before the Tribunal
within a period of eight (8) weeks from the date of receipt of
this order. The right of recovery so allowed by the Tribunal
against Owner-Respondent No.1 is also extended to the
further compensation amount of Rs.15,00,000/-.
6.1. It is observed that on such deposit of the amount, the
Tribunal shall do well to disburse the same in favour of the
appellant-claimant in terms of the judgment dt.23.12.2021.
6.2. It is further observed that if the Appellant-Company will
fail to deposit the compensation amount within the time
stipulated here-in-above, the compensation amount of
Rs.15,00,000/- consolidated shall carry interest @6% per
annum payable from the date of expiry of the period of 8 (eight)
weeks till it is so deposited.
6.3. The MACA accordingly stands disposed of.
(Biraja Prasanna Satapathy)
Judge
Sangita
Reason: authentication of order
Location: high court of orissa, cuttack
Date: 07-Apr-2025 11:14:21
