Orissa High Court
Nirmala Sahoo & Others vs Debasis Pati & Another on 9 April, 2025
Author: Biraja Prasanna Satapathy
Bench: Biraja Prasanna Satapathy
IN THE HIGH COURT OF ORISSA AT CUTTACK
MACA No.484 of 2024
Nirmala Sahoo & Others .... Appellants
Mr. B.B. Singh, Advocate
-versus-
Debasis Pati & Another .... Respondents
Ms. N. Mohanty, Adv.
(for Res. No.2)
CORAM:
THE HON'BLE MR.JUSTICE BIRAJA PRASANNA SATAPATHY
ORDER
09.04.2025
Order No.
3. 1. This matter is taken up through Hybrid Arrangement
(Virtual/Physical) Mode.
2. Perused the tracking report.
3. Since notice has been duly served on Respondent No.1,
notice against the said respondent is treated as sufficient.
4. Heard learned counsel appearing for the parties.
5. The present appeal has been filed inter alia seeking
enhancement of the compensation so awarded by the learned
7th MACT, Bhubaneswar vide judgment dt.05.03.2024 in MAC
No.93 of 2020. Vide the said Judgment, the Tribunal assessed
compensation at Rs.15,90,600/- along with interest @6% per
annum payable from the date of filing of the claim application
till its realization.
6. In support of the enhancement, learned counsel
appearing for the claimants-appellants contended that vide
Ext.17, medical bills to the tune of Rs.3,63,980.75 p. though
were exhibited, but no compensation was awarded in that
respect. It is accordingly contended that the claimants-
appellants are entitled to get further compensation to the
tune of Rs.3,63,980.75 p. along with interest in addition to
the award already passed.
6.1. Making all these submissions, learned counsel for the
appellant-claimant contended that the impugned award is
required to be enhanced substantially. However in course of
hearing, learned counsel appearing for the appellant-claimant
contended that if the appellant-claimant will be allowed
further compensation amount to the tune of Rs.4,00,000/-
consolidated, ends of justice will be met.
7. Ms. N. Mohanty, learned counsel appearing for the
Respondent-company on the other hand contended that the
impugned award has already been satisfied. But to the
submission made by the learned counsel appearing for the
appellants-claimants for grant of further compensation of
Rs.4,00,000/- consolidated, Ms. Mohanty, learned counsel
appearing for the respondent-company leave the same to the
discretion of the Court.
8. 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
appellants-claimants entitled to get further compensation
amount of Rs.4,00,000/- consolidated over and above the
awarded amount payable from the date of application till its
realization. This Court accordingly directs the respondent-
Company to deposit further compensation amount of
Rs.4,00,000/- consolidated within a period of eight (8) weeks
from the date of receipt of this order.
8.1. It is observed that on such deposit of the amount, the
Tribunal shall do well to disburse the same in favour of the
appellants-claimants in terms of the judgment dt.05.03.2024.
8.2. 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.4,00,000/- 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.
8.3. The MACA accordingly stands disposed of.
(Biraja Prasanna Satapathy)
Judge
Sangita
Reason: authentication of order
Location: high court of orissa, cuttack
Date: 10-Apr-2025 18:40:40
