Orissa High Court
M/S. New India Assurance Co vs Gunadhara Giri & Anr on 24 April, 2025
Author: Biraja Prasanna Satapathy
Bench: Biraja Prasanna Satapathy
IN THE HIGH COURT OF ORISSA AT CUTTACK
MACA No.24 of 2024
M/s. New India Assurance Co. ..... Appellant
Ltd. Mr. N.B. Das, Advocate
-versus-
Gunadhara Giri & Anr. ..... Respondents
Mr. B.B. Singh, Advocate
(Respondent No. 1)
CORAM:
THE HON'BLE MR. JUSTICE BIRAJA PRASANNA SATAPATHY
ORDER
24.04.2025
Order No.08
1. This matter is taken up through hybrid mode.
2. Heard Mr. N.B. Das, learned counsel appearing for the Appellant-
Company and Mr. B.B. Singh, learned counsel appearing for the
Claimant-Respondent No. 1.
3. The present appeal has been filed by the Appellant-Company
challenging Judgment dtd.09.05.2023 so passed by the learned
MACT-1, Balasore in MAC Case No. 02 of 2020. Vide the said
Judgment the Tribunal assessed the compensation at Rs.10,11,254/-
along with interest @ 6% per annum payable from the date of filing
of the claim application till its realization.
4. In support of the appeal learned counsel appearing for the
Appellant-Company contended that without any document being
exhibited, the Tribunal allowed compensation towards expenses for
treatment and medicine at Rs.2,78,082/- and compensation towards
loss of earning at Rs.1,07,280/-, which is on the higher side and it
requires interference of this Court.
4.1. It is also contended that the Tribunal instead of exempting the
Appellant-Company from paying the compensation, only awarded
right of recovery as against Owner-Respondent No. 2.
5. Mr. B.B. Singh, learned counsel appearing for the Claimant-
Respondent No. 1 though on the other hand supported the impugned
Judgment and contended that the Tribunal has rightly assessed the
compensation, but in course of hearing learned counsel appearing
for the Claimant-Respondent No. 1 contended that the Claimant-
Respondent will be fully satisfied, if this Court will assess the
compensation amount at Rs.9,50,000/- along with interest @ 6% per
annum payable from the date of filing of the claim application till its
realization.
6. Learned counsel appearing for the Appellant-Company while left
the aforesaid proposition made by the learned counsel for the
Claimant-Respondent No. 1 to the discretion of this Court,
contended that right of recovery so allowed by the Tribunal as
against Owner-Respondent No. 2 be confirmed. It is also contended
that no challenge has been made by Respondent No. 2 challenging
the right of recovery so allowed.
7. Having heard learned counsel appearing for the Parties and
considering the submissions made, this Court while interfering with
the impugned judgment, is inclined to held the Claimant-
Respondent No. 1 entitled to get compensation amount of
Rs.9,50,000/- along with interest @ 6% per annum payable from the
date of application till its realization and confirm the right of
recovery as against Owner-Respondent No. 2. While holding so, this
Court directs the Appellant-Company to deposit the compensation
amount of Rs.9,50,000/-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 Claimant-
Respondent No. 1 in full in terms of the Judgment passed
09.05.2023.
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.9,50,000/- shall carry interest @ 7%
starting from the expiry of the period of eight (8) weeks till the
amount is so deposited.
7.2. It is also observed that if any application will be filed by the
Appellant seeking recovery of the compensation from
Owner/Respondent No. 2, the same be considered and disposed of in
accordance with law and by giving due opportunity of hearing to
Respondent No. 2.
7.3. 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
