Orissa High Court
Claims Manager vs Ranjita Das & Ors on 20 February, 2025
Author: Biraja Prasanna Satapathy
Bench: Biraja Prasanna Satapathy
IN THE HIGH COURT OF ORISSA AT CUTTACK
MACA No.767 of 2023
Claims Manager, TATA A.I.G., ..... Appellant
G.I. Co. Mr. G.P. Dutta, Advocate
-versus-
Ranjita Das & Ors. ..... Respondents
Mr. B.N. Rath, Advocate
(Respondent Nos. 1 & 2)
CORAM:
THE HON'BLE MR. JUSTICE BIRAJA PRASANNA SATAPATHY
ORDER
20.02.2025
Order No. 03 I.A. No. 567 of 2025
1. This matter is taken up through hybrid mode.
2. Though the matter was not on the Board, but on being mentioned
it was taken up.
3. Heard learned counsel appearing for the Parties.
4. This application has been filed seeking extension of time to pay
the deficit court fee.
5. Since learned counsel for the Appellant contended that deficit
court fee has already been paid in the meantime, Office is directed to
accept the same.
6. I.A. is accordingly disposed of.
(BIRAJA PRASANNA SATAPATHY)
Judge
1. Heard.
2. This application has been filed with a prayer to permit the
Appellant to take refund of the Account Payee Cheque bearing No.
546096 dtd.14.09.2023 of Rs. 25,000/-.
3. It is contended that after filing of the appeal Appellant made the
statutory deposit of Rs.25,000/- vide cheque bearing No. 544813
dtd.07.07.2023 and the said amount was invested in a fixed deposit
in terms of the order passed by this Court on 30.08.2023. But
inadvertently another Account Payee Cheque for Rs.25,000/- vide
cheque No. 546096 dtd.14.09.2023 was deposited before the
Registry wrongly. It is accordingly contended that since the
Appellant has already paid the statutory amount, which has been
invested in terms of order dtd.30.08.2023, the Appellant be
permitted to take return of cheque No. 546096 dtd.14.09.2023.
4. Considering the submissions made, this Court directs the Registry
to return cheque No. 546096 to the learned counsel appearing for the
Appellant within a period of seven (7) days from the date of receipt
of this order.
5. I.A. stands disposed of.
(BIRAJA PRASANNA SATAPATHY)
Judge
1. Heard learned counsel appearing for the Parties.
2. Considering the grounds taken, delay in filing the appeal is
condoned.
3. I.A. stands disposed of.
(BIRAJA PRASANNA SATAPATHY)
Judge
1. Heard Mr. G.P. Dutta, learned counsel appearing for the
Appellant-Company and Mr. B.N. Rath, learned counsel appearing
for the Claimants-Respondents.
2. The present appeal has been filed by the Appellant-Company
challenging Judgment dtd.31.03.2023 so passed by the 3 rd MACT,
Nayagarh in MAC Case No. 18/2014. Vide the said Judgment the
Tribunal assessed the compensation at Rs.38,59,370/- along with
interest @ 6% per annum payable from the date of filing of the
claim application till its realization.
3. In support of the appeal learned counsel appearing for the
Appellant-Company contended that Claimants-Respondents being
admittedly the elder brother and sister of the deceased and they are
being self-employed, which is not disputed, on the face of such
finding, the Tribunal could not have allowed the compensation to
the tune of Rs.38,59,370/- along with interest @ 6%.
3.1. Making all these submissions learned counsel appearing for the
Appellant contended that had the Tribunal properly appreciated the
stand taken by the Appellant, the compensation amount so awarded
should have been on the lower side. It is accordingly contended that
the impugned award needs interference of this Court.
4. Even though Mr. B.N. Rath, learned counsel appearing for the
Claimants-Respondents supported the impugned award, but in
course of hearing contended that Claimants-Respondents will be
fully satisfied, if the compensation amount will be reduced to
Rs.30,00,000/- along with interest @ 6% per annum payable from
the date of filing of the claim application till its realization.
5. Mr. Dutta, learned counsel appearing for the Appellant-Company
left the aforesaid proposition made by the learned counsel for the
Claimants-Respondents 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 Judgment dtd.31.03.2023, held the Claimants-
Respondents entitled to get compensation amount of Rs.30,00,000/-
along with interest @ 6% per annum, payable from the date of filing
of the claim application till its realization. This Court accordingly
while holding so, directs the Appellant-Company to deposit
compensation amount of Rs.30,00,000/- along with interest @ 6%
per annum payable from the date of filing of the claim application
till its realization 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 proportionately in favour of the Claimants-
Respondents in terms of the Judgment passed on 31.03.2023.
6.1. However, it is observed that if the amount as directed will not
be deposited by the Appellant-Company within the aforesaid time
period of eight (8) weeks, the compensation amount of
Rs.30,00,000/- shall carry interest @ 7% per annum for the period
starting from the expiry of the period of eight (8) weeks till its
payment. On such deposit of the entire amount as directed,
Appellant-Company will be permitted to take refund of the statutory
deposit along with accrued interest if any from the Registry on
proper identification
7. The appeal is accordingly disposed of.
Location: High Court of Orissa, Cuttack (BIRAJA PRASANNA SATAPATHY)
Date: 28-Feb-2025 18:25:43
Judge
Sneha
