Prahallad Poi vs Sun Travels
2025 Latest Caselaw 7643 Ori

Orissa High Court

Prahallad Poi vs Sun Travels on 29 April, 2025

Author: Biraja Prasanna Satapathy

Bench: Biraja Prasanna Satapathy

       IN THE HIGH COURT OF ORISSA AT CUTTACK

                       MACA No.114 of 2024


Prahallad Poi                               .....               Appellant
                                                    Mr. S.K. Rath, Advocate


                                     -versus-
Sun Travels, Chandaka, BBSR             .....
& Anr.                                                        Respondents
                                                        Mr. A.A. Khan, Advocate
                                                          (Respondent No. 2)


                    CORAM:
THE HON'BLE MR. JUSTICE BIRAJA PRASANNA SATAPATHY
                     ORDER

29.04.2025

1. This matter is taken up through hybrid mode.

2. Heard Mr. S.K. Rath, learned counsel appearing for the Appellant-Claimant and Mr. A.A. Khan, 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 1st Addl. District Judge-cum- 1st MACT, Cuttack vide Judgment dtd.11.12.2023 in MAC Case No.587/2020. Vide the said Judgment the Tribunal assessed the compensation at Rs.3,25,440/- along with interest @ 6% per annum payable from the date of filing of the claim application till its realization.

4. In support of the enhancement, learned counsel appearing for the Appellant-Claimant contended that even though the deceased was taken as an unskilled workman and the minimum wages at the relevant point of time was Rs.298/- per day, but the Tribunal wrongly held the monthly income of the deceased at Rs.6000/-.

4.1. It is also contended that had the Tribunal properly appreciated the minimum wages at Rs.298/- per day and claimant-appellant would have entitled to get further compensation amount of Rs.1,08,000/- along with interest. It is accordingly contended that the compensation so awarded requires substantial enhancement.

4.2. However, in course of hearing, learned counsel for the appellant-claimant contended that if this Court will allow further compensation amount of Rs.1,50,000/- consolidated, ends of justice will be met.

5. Mr. A.A. Khan, learned counsel appearing for the Respondent No. 2-Company though supported the impugned award and contended that the award has been fully satisfied in the meantime, but to the submission made for award of further compensation of Rs.1,50,000/- 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 while interfering with the impugned award, is inclined to dispose of the appeal by holding that the Appellant-Claimant is entitled to get further compensation amount of Rs.1,50,000/- consolidated. While holding so, this Court directs Respondent No. 2-Company to deposit the aforesaid further compensation amount of Rs.1,50,000/- 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 in terms of the Judgment dtd.11.12.2023.

6.1. However, it is observed that if the amount as directed is not deposited by Respondent No.2 within the aforesaid time period, the compensation amount of Rs.1,50,000/- 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 Basudev

Location: High Court of Orissa, Cuttack