Orissa High Court
Damburu Jani And vs The Manager on 13 February, 2025
Author: Biraja Prasanna Satapathy
Bench: Biraja Prasanna Satapathy
IN THE HIGH COURT OF ORISSA AT CUTTACK
MACA NOs.391 OF 2023 & 11 OF 2025
MACA No.391 of 2023
Damburu Jani and ..... Appellants
Others Mr. B. Jalli, Adv.
-versus-
The Manager, Reliance ..... Respondents
G.I.CO. Ltd. and Another Mr. K.C. Nayak, Adv.
(for Resp. NO.2)
Mr. G.P. Dutta, Adv.
(for Respondent No.1)
MACA No.11 OF 2025
The Manager, Reliance
G.I.CO. Ltd., Ganjam ..... Appellant
Mr. G.P. Dutta, Adv.
-versus-
Damburu Jani & Others ..... Respondents
Mr. B. Jali, Advocate
CORAM:
THE HON'BLE MR. JUSTICE BIRAJA PRASANNA SATAPATHY
ORDER
13.02.2025
Order No.04
1. This matter is taken up through hybrid mode.
.
2. Heard.
3. Considering the grounds taken, the delay in filing the
appeal is condoned.
4. I.A. disposed of.
(Biraja Prasanna Satapathy)
Judge
05. MACA NOs.391 OF 2023 & 11 OF 2025
1. Heard learned counsel for the parties.
2. Since both these appeals have been filed against
a common judgment, both were heard analogously
and disposed of by the present common order.
3. While MACA No.391 of 2023 has been filed by the
Claimant-appellants seeking enhancement of the
compensation so awarded by the learned 2nd
M.A.C.T(SD), Berhampur, Ganjam vide judgment
dt.06.09.2022 in MAC No.164 of 2018 , MACA No.11
of 2025 has been filed by the Appellant-Company
challenging the award so passed by the Tribunal. Vide
the said Judgment, the Tribunal awarded the
compensation to the tune of Rs.11,77,436/- along
with interest @ 6% per annum payable from the date
of filing of the claim application till its realization.
.
4. In support of enhancement of the award, learned
counsel for the appellant-claimant contended that the
amount awarded towards future prospect has not
been assessed properly and accordingly the award
amount needs further enhancement. In support of the
appeal filed by the Insurer in MACA No.11 of 2025,
Mr. G.P. Dutta, learned counsel appearing for the
Company contended that the Tribunal wrongly
awarded further compensation to the tune of
Rs.2,09,000/- towards Filial consortium, Loss of
estate and Funeral & obsequies of the deceased in
place of Rs.70,000/-.
4.1. It is also contended that factum of contributory
negligence though was pleaded, but it was not taken
into consideration while awarding the compensation.
It is accordingly contended that the impugned award
needs interference of this Court.
4.2. However, in course of hearing learned counsel
appearing for the Appellant-Claimant in MACA No.391
of 2023 contended that the Claimant-Appellants will
have no grievance, if the compensation amount will be
reduced to Rs.10,25,000/-, with interest @ 6% per
annum so awarded by the tribunal.
5. Mr. G.P. Dutta, learned counsel appearing for
the Appellant-Company in MACA No.11 of 2025 left
the aforesaid proposition made by the learned counsel
.
for the Claimant-Respondents to the discretion of this
Court.
6. Having heard learned counsel appearing for the
Parties, considering the submissions made, this Court
while interfering with the impugned judgment and
disposing both the appeals, held the claimant entitled
to get compensation amount of Rs.10,25,000/- with
interest @ 6% per annum payable from the date of
filing of the application till its realization. While
holding so, this Court directs the Appellant-Company
in MACA No.11 of 2025 to deposit the aforesaid
compensation amount along with interest 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-Appellant in MACA No.391 of 2023
proportionately in terms of the Judgment passed on
06.09.2022.
6.1. However, it is observed that if the amount as
directed will not be deposited by the Appellant-
Company in MACA No.11 of 2025 within the aforesaid
time period of eight (8) weeks, the compensation
amount of Rs.10,25,000/- shall carry interest @ 7%
per annum for the period starting from the expiry of
the period of eight (8) weeks till it is deposited before
the Tribunal.
.
6.2. Statutory deposit made in MACA No.11 of 2025
be refunded along with accrued interest, if any, on
proper identification after satisfaction of the award in
full.
7. Both the appeals are accordingly disposed of.
(Biraja Prasanna Satapathy)
Judge
Basudev
Location: High Court of Orissa, Cuttack
Date: 20-Feb-2025 13:03:38 .
