Orissa High Court
Rama Chandra Maharana vs Ranjan Kumar Mallick & on 4 April, 2025
Author: Biraja Prasanna Satapathy
Bench: Biraja Prasanna Satapathy
IN THE HIGH COURT OF ORISSA AT CUTTACK
MACA No.923 of 2023
Rama Chandra Maharana .... Appellant
Mr. S. Pattanaik, Advocate
-versus-
Ranjan Kumar Mallick & .... Respondents
Another Mr. A.K. Sahoo, Adv.
(for Res. No.1)
Mr. P.K. Mahali, Adv.
(for Res. NO.2)
CORAM:
THE HON'BLE MR.JUSTICE BIRAJA PRASANNA SATAPATHY
ORDER
04.04.2025
Order No.
4. 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.30.06.2023 so passed by the learned 2nd Additional
District Judge-cum-Judge, 3rd M.A.C.T., Cuttack. Vide the
said Judgment, the Tribunal awarded compensation at
Rs.2,00,000/- along with interest @7% per annum payable
from the date of filing of the claim application till its
realization. The Tribunal also awarded default interest @
12% 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
appellant-claimant contended that taking into account the
nature of disability at 49% permanent and the said disability
certificate having been exhibited as Ext.7, the Tribunal
would have assessed the compensation accordingly.
4.1. Making all these submissions, learned counsel
appearing for the appellant-claimant contended that had the
Tribunal properly appreciated the documents exhibited and
the evidence laid, the compensation amount should have
been assessed at a higher side. However, in course of
hearing, learned counsel appearing for the appellant-
claimant contended that if this Court will award further
compensation amount of 1,00,000/-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.
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.1,00,000/-
consolidated over and above the awarded amount. This Court
accordingly directs the respondent-Company to deposit further
compensation amount of Rs.1,00,000/- 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.1,00,000/-.
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.30.06.2023
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.1,00,000/- 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
