Orissa High Court
Abdul Sakir Khan vs Sabir Khan & Anr on 17 April, 2025
Author: Biraja Prasanna Satapathy
Bench: Biraja Prasanna Satapathy
IN THE HIGH COURT OF ORISSA AT CUTTACK
MACA No.403 of 2019
Abdul Sakir Khan ..... Appellant
Mr. P.K. Mishra, Advocate
-versus-
Sabir Khan & Anr. ..... Respondents
Mr. G.P. Dutta, Advocate
(Respondent No. 2)
CORAM:
THE HON'BLE MR. JUSTICE BIRAJA PRASANNA SATAPATHY
ORDER
17.04.2025
1. This matter is taken up through hybrid mode.
2. Heard Mr. P.K. Mishra, learned counsel for the Appellant-
Claimant and Mr. G.P. Dutta, 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 3rd MACT, Bhubaneswar vide Judgment dtd.18.04.2019 in
MAC Case No. 99 of 2013.
4. In support of the enhancement of the award, learned counsel
appearing for the Appellant-Claimant contended that while passing
the award, no award towards future prospect was allowed. It is also
contended that taking into account the nature of disability of the
Injured-Appellant, loss of income should have been calculated at
100%.
4.1. In support of the nature of disability, learned counsel appearing
for the Appellant also produced the photograph of the Injured-
Appellant in Court. (The same be kept in record).
4.2. It is accordingly contended that had the Tribunal properly
appreciated the disability by allowing loss of income at 100% with
award towards future prospect, the Claimant-Appellant would have
been entitled to get further compensation amount of Rs.9,74,800/-
along with interest w.e.f.17.06.2013 amounting to Rs.16,57,160/-.
4.3. However, in course of hearing, learned counsel appearing for
the Appellant-Claimant contended that if this Court will award
further compensation amount of Rs.15,00,000/- consolidated, ends
of justice will be met.
5. Mr. G.P. Dutta, learned counsel appearing for the Respondent No.
2-Company though supported the impugned award and contended
that the award has already been satisfied, but to the submission
made for award of further compensation of Rs.15,00,000/-
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 is inclined to dispose
of the appeal by holding that the Appellant-Claimant entitled to get
further compensation amount of Rs.15,00,000/- consolidated. While
holding so, this Court directs Respondent No. 2-Company to deposit
the aforesaid 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. On such deposit of the amount, the Tribunal
shall disburse the same in favour of the Appellant-Claimant
proportionately in terms of the Judgment dtd.18.04.2019.
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.15,00,000/- 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
Sneha
Location: High Court of Orissa, Cuttack
