Chief Regional Manager vs Sujata Nayak & Others
2025 Latest Caselaw 4202 Ori

Orissa High Court

Chief Regional Manager vs Sujata Nayak & Others on 19 February, 2025

Author: Biraja Prasanna Satapathy

Bench: Biraja Prasanna Satapathy

     IN THE HIGH COURT OF ORISSA AT CUTTACK

                   MACA No.953 of 2024
Chief Regional Manager,      .....    Appellant
National Insurance Co.                Mr. B, DasMohapatra,
Ltd., DO-II, Cuttack                  Adv.

                           -versus-

Sujata Nayak & Others            .....      Respondents
                                            Mr. P.K. Mishra, Adv.
                                            (for Respondent No.1 to 5)




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

19.02.2025 Order No.1 I.A. No.2040 of 2024

1. This matter is taken up through hybrid mode.

2. Heard.

3. This application has been filed seeking extension of time to make the statutory deposit.

4. Learned counsel for the Appellant contended that statutory deposit has already been made in the meantime.

5. Since the statutory deposit has already been made, prayer as made in the I.A has become infructuous.

6. Accordingly, I.A. stands disposed of having become infructuous.

(Biraja Prasanna Satapathy) Judge

Order No.2

1. Heard.

2. This is an application seeking extension of time to pay the deficit court fee.

3. Learned counsel for the Appellant contended that deficit court fee has already been paid.

4. In view of the same, while disposing the I.A, Office is directed to accept the same.

5. Accordingly, the I.A. stands disposed of.

(Biraja Prasanna Satapathy) Judge Order No.3

1.Heard.

2. This application has been filed seeking condonation of delay in filing the appeal.

3. Considering the submission made, the delay in filing the appeal is condoned. Subject to deposit of cost of Rs.500/- before the Orissa High Court Bar Association welfare fund by 21.02.2025.

5. The I.A. stands disposed of.

(Biraja Prasanna Satapathy) Judge Order No.4

1. Heard learned counsel for the parties.

2. This appeal has been filed by the appellant-company challenging the compensation awarded by the learned District Judge-cum-1st MACT, Jagatsinghpur vide judgment dt.29.02.2024 in MAC Case No.150 of 2019.

3. Learned counsel for the Appellant-Company contended that vide the said judgment, the Tribunal without proper appreciation of the materials placed before it, allowed compensation to the tune of Rs.14,58,500/- along with interest @6% per annum payable from the date of application till its realization. The Tribunal also awarded default interest @ 9%, if the compensation so assessed is not deposited within a period of two (2) months.

4. Learned counsel for the Appellant-Company contended that the Tribunal wrongly saddled the liability on the appellant-company ignoring the aspect of contributory negligence, even though two motor cycles were involved.

4.1. It is also contended that learned Tribunal awarded Rs.2,30,000/- towards general damages which is contrary to the judgment of the Hon'ble Apex Court. It is further contended that award of default interest @ 9% per annum is also not sustainable in the eye of law. 4.2. It is accordingly contended that had the Tribunal appreciated the aforesaid contention, so raised by the Appellant-Company, the assessed compensation and the rate of default interest would have been calculated at a lower side than awarded vide the impugned judgment.

5. Even though Mr. P.K. Mishra, learned counsel for the Claimant-Respondent Nos.1 to 5 supported the impugned

judgment, but in course of hearing contended that claimant-Respondent No.1 will be fully satisfied, if this Court will reduce the compensation to the tune of Rs.13,00,000/- along with interest @6% per annum.

6. Learned counsel appearing for the Appellant- Company to the aforesaid proposition so laid by the learned counsel for the Claimant-Respondent Nos.1 to 5 leave it to the discretion of this Court.

7. Having heard learned counsel for the parties and considering the submission made, this Court while interfering with the impugned judgment is inclined to waive out the default interest levied @ 9% per annum and reduce the compensation to Rs.13,00,000/-along with interest @6% per annum. This Court accordingly directs the Appellant-Company to deposit compensation amount of Rs.13,00,000/- along with interest @6% per annum payable from the date of application till its realisation within a period of eight (8) weeks from the date of receipt of this order.

7.1. It is observed that on such deposit of the amount, the Tribunal shall do well to disburse the same in favour of the Claimant-Respondent Nos.1 to 5 proportionately in terms of the judgement passed on 29.02.2024. 7.2. 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.13,00,000/- shall carry interest @7% per annum payable from the date of expiry of the period of 8 (eight) weeks till it is so deposited.

7.3. It is observed that the Account Payee Cheque so deposited by the appellant company and not yet invested be returned back after satisfaction of the award.

The M.A.C.A accordingly stands disposed of.

(Biraja Prasanna Satapathy) Judge sangita

Reason: authentication of order Location: high court of orissa, cuttack Date: 24-Feb-2025 16:47:12