Orissa High Court
Divisional Manager vs Juganti Gouda & Others on 30 April, 2025
Author: Biraja Prasanna Satapathy
Bench: Biraja Prasanna Satapathy
IN THE HIGH COURT OF ORISSA AT CUTTACK
MACA No.1089 of 2024
Divisional Manager, The .... Appellant
Reliance General Insurance Mr. S. Satapathy, Advocate
Company Ltd., BBSR
-versus-
Juganti Gouda & Others .... Respondents
Mr.R.C. Pradhan, Adv. for O.P.1 to 6
CORAM:
THE HON'BLE MR.JUSTICE BIRAJA PRASANNA SATAPATHY
ORDER
30.04.2025
I.A. No.1994 of 2024
Order No.
4. 1. This matter is taken up through Hybrid Arrangement
(Virtual/Physical) Mode.
2. Heard learned counsel appearing for the Parties.
3. Considering the grounds taken in the I.A., the delay in
filing of the appeal is condoned subject to payment of cost
of Rs.2,000/- before the High Court Bar Association Welfare
Fund by 05.05.2025.
4. Accordingly, the I.A stands disposed of.
(Biraja Prasanna Satapathy)
Judge
5. 1. Heard Mr. S. Satapathy, learned counsel appearing for
the appellant, Mr. R.C. Pradhan, learned counsel appearing
for Claimants-Respondent Nos.1 to 6. None appeared in
spite of due appearance on behalf of Respondent No.7,
when the matter was taken up.
2. This appeal has been filed by the Appellant-Company
inter alia challenging the judgment dtd.30.10.2023 so
passed by the learned Addl. District Judge-cum-6th MACT,
Salepur in MAC Case No.16 of 2023. Vide the said
Judgment, the Tribunal awarded compensation at
Rs.46,57,000/- along with interest @ 9 % per annum
payable from the date of filing of the claim application till
its realization.
3. It is the main contention of the learned counsel
appearing for the appellant-claimant that the Tribunal while
assessing the compensation at Rs.46,57,000/- along with
interest @ 9% per annum wrongly held the monthly income
of the deceased at Rs.20,000/- per month, even though no
document was filed that the deceased was earning that
much amount prior to his death.
3.1. Learned counsel appearing for the appellant
contended that taking into account the status of the
deceased as a massion wages prescribed under the
minimum wages act for a skilled worker at the relevant point
of time being Rs.423.50P per day, the monthly income
should have been calculated at Rs.12,695/- and accordingly
the claimant - respondent would have been entitled to get
the compensation amount of Rs.26,28,304/-. It is also
contended that award of interest @ 9% per annum is on the
higher side.
3.2. A further submission was also made that even
though the claim application filed by the claimants-
respondents is allowed vide the judgment in question, but
another claim application has been filed by the claimant
before the learned 1st Addl. District Judge-cum-1st MACT,
Cuttack in MACA No.142 of 2023.
3.3. It is contended that once an award has been passed
by the competent Court which is under challenge in the
present appeal, no such further claim application should
have been filed by the claimants-respondents in MACA
No.142 of 2023.
4. Mr. Pradhan, learned counsel appearing for the
Claimant-Respondents on the other hand contended that
taking into account the status of the deceased as a mechanic
the minimum wages prescribed for high skilled labourer
which was Rs.483/- per day, could have been taken as the
monthly income of the deceased and if the same will be
taken, the claimant-respondents will have no grievance.
4.1. It is contended that taking into account the
minimum wages at Rs.483/- which is applicable for a high
skilled labourer, the compensation amount will be at
Rs.29,39,400/-.
4.2. It is also contended that as per the instruction
provided by the Claimant-Respondents, no such claim case
in MACA No.142 of 2023 has been filed by them before the
Court of learned 1st Addl. District Judge-cum-1st MACT,
Cuttack and they will have no objection if the said claim
application is treated as dropped.
5. Having heard learned counsel appearing for the
Parties and considering the submissions made, this Court
while interfering with the impugned judgment held the
claimants-respondents is entitled to get compensation
amount of Rs.30,00,000/- along with interest @ 6 % per
annum payable from the date of application till its
realization. This Court accordingly directs the Appellant-
Company to deposit compensation amount of
Rs.30,00,000/- along with interest @ 6% per annum payable
from the date of application till its realization within a period
of eight (8) weeks from the date of receipt of this order.
5.1. It is observed that on such deposit of the amount,
the Tribunal shall do well to disburse the same in favour of
the Claimants-Respondents proportionately in terms of the
judgment dt.30.10.2023.
5.2. 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.30,00,000/- shall carry interest @ 7% per annum
payable from the date of expiry of the period of 8 (eight)
weeks till it is so deposited.
5.3. Statutory deposit along with accrued interest be
refunded to the appellant on proper identification after
satisfaction of the award.
5.4. Learned 1st Addl. District Judge-cum-1st MACT,
Cuttack is directed to drop the proceeding in MACA No.142
of 2023 with passing of an appropriate order.
6. The MACA accordingly stands disposed of.
Location: HIGH COURT OF ORISSA, CUTTACK (Biraja Prasanna Satapathy)
Date: 05-May-2025 18:40:19
Judge
Subrat
