Orissa High Court
Regional Manager vs Saubhagya Laxmi Nanda & on 17 April, 2025
Author: Biraja Prasanna Satapathy
Bench: Biraja Prasanna Satapathy
IN THE HIGH COURT OF ORISSA AT CUTTACK
MACA No.1148 of 2024
Regional Manager, Oriental ..... Appellant
Insurance Co. Ltd., BBSR Mr. P.K. Mahali, Advocate
-versus-
Saubhagya Laxmi Nanda & ..... Respondents
Ors. Mr. D. Patnaik, Advocate
(Respondent Nos. 1 to 5)
Mr. S.K. Subudhi, Advocate
(Respondent No. 6)
CORAM:
THE HON'BLE MR. JUSTICE BIRAJA PRASANNA SATAPATHY
ORDER
17.04.2025
Order No.05
1. This matter is taken up through hybrid mode.
2. Heard Mr. P.K. Mahali, learned counsel appearing for the
Appellant-Company, Mr. D. Patnaik, learned counsel appearing for
the Claimants-Respondent Nos. 1 to 5 and Mr. S.K. Subudhi, learned
counsel appearing for Respondent No. 6.
3. The present appeal has been filed by the Appellant-Company
challenging Judgment dtd.29.07.2024 so passed by the learned 1st
Addl. District Judge-cum-1st MACT, Cuttack in MAC Case No. 975
of 2018. Vide the said Judgment the Tribunal assessed the
compensation at Rs.1,44,78,632/- 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 @ 12%, if the
compensation so assessed is not deposited within the stipulated time
period.
4. In support of the appeal learned counsel appearing for the
Appellant-Company contended that the Tribunal while assessing the
compensation never taken into consideration the fact that even though
the accident occurred on 09.08.2022, but the F.I.R. was lodged after
7 days of the accident.
4.1. It is also contended that the Claimants in connivance with the
Police and the Owner illegally planted the offending vehicle bearing
Regd. No. OR-21-D-7961 to grab the public money.
4.2. It is also contended that the Tribunal did not consider the manner
of accident and involvement of vehicle taking into account the stand
taken in the claim application vis-à-vis the inquest report.
4.3. It is also contended that since Claimant-Respondent No. 1 filed
the application seeking compensation after 7 days of the accident, the
Tribunal should not have entertained the application in view of the
decision reported in 2018(1) TAC 355 SC. It is further contended that
income of the deceased was assessed without considering the
objection to the salary certificate exhibited by the Claimants. It is
accordingly contended that the impugned judgment needs
interference of this Court.
5. Mr. D. Patnaik, learned counsel appearing for the Claimants-
Respondent Nos. 1 to 5 though on the other hand supported the
impugned Judgment, but in course of hearing contended that the
Claimants-Respondents will be fully satisfied, if this Court will assess
the compensation amount at Rs.90,00,000/- along with interest @ 6%
per annum payable from the date of filing of the claim application till
its realization. With regard to award of 12% default interest, learned
counsel appearing for the Respondents-Claimants contended that this
Court can pass appropriate order in that regard.
6. Learned counsel appearing for the Appellant-Company left the
aforesaid proposition made by the learned counsel for the Claimants-
Respondent Nos. 1 to 5 to the discretion of this Court.
7. Having heard learned counsel appearing for the Parties and
considering the submissions made, this Court while waiving out the
default interest levied @ 12% per annum, is inclined to held the
Claimants-Respondent Nos. 1 to 5 entitled to get compensation
amount of Rs.90,00,000/- along with interest @ 6% per annum
payable from the date of application till its realization. While holding
so, this Court directs the Appellant-Company to deposit the
compensation amount of Rs.90,00,000/- along with interest @ 6%
interest per annum payable from the date of filing of the claim
application till its realization 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
Claimants-Respondent Nos. 1 to 5 proportionately in terms of the
Judgement dtd.29.07.2024.
7.1. However, it is observed that if the amount as directed is not
deposited within the aforesaid time period of eight (8) weeks, the
compensation amount of Rs.90,00,000/- shall carry interest @ 7%
starting from the expiry of the period of eight (8) weeks till the
amount is so deposited.
7.2. On such deposit of the amount, the Appellant-Company shall be
permitted to take back the statutory deposit along with accrued
interest if any from the Registry on proper identification.
8. The appeal is disposed of accordingly.
(BIRAJA PRASANNA SATAPATHY)
Judge
Sneha
Location: High Court of Orissa, Cuttack
