Orissa High Court
Divisional Manager vs Laxmidhar Barik & Others on 28 February, 2025
Author: Biraja Prasanna Satapathy
Bench: Biraja Prasanna Satapathy
IN THE HIGH COURT OF ORISSA AT CUTTACK
MACA No.641 OF 2024
Divisional Manager, Oriental
Insurance Company Ltd Appellant
....
Mr. G.P. Dutta, Advocate
-versus-
Laxmidhar Barik & Others
.... Respondents
Mr. P.K. Mishra,Adv.
(for Respondent Nos.1 & 2)
Mr.D. Pattanaik, Adv.
(for Respondent No.3)
CORAM:
HON'BLE MR. JUSTICE BIRAJA PRASANNA SATAPATHY
ORDER
28.02.2025
Order No. I.A. No.1512 of 2024
05. 1. These matters are taken up through Hybrid
Arrangement (Virtual/Physical) Mode.
2. Heard learned counsel appearing for the parties.
3. Considering the grounds taken, the delay in filing the
appeal is condoned subject to payment of cost of Rs.2000/-
to be deposited before the Orissa High Court Bar Association
Welfare Fund.
4. The I.A accordingly stands disposed of.
(Biraja Prasanna Satapathy)
Judge
// 2 //
Order No.06
MACA No.641 OF 2024
1. Heard learned counsel appearing for the parties.
2. This appeal has been filed by the Appellant-Company
challenging Judgment dtd.27.06.2023 so passed by the
learned 2nd Addl. District Judge-cum-3rd MACT, Cuttack in
MAC Case No.425 of 2017. Vide the said Judgment, the
Tribunal allowed the compensation at Rs.30,83,080/- along
with interest @ 7% per annum payable from the date of filing
of the claim application till its realization along with default
interest @12% per annum.
3. In support of the appeal, learned counsel for the
appellant company contended that the Tribunal
committed wrong by accepting the monthly income of the
deceased at Rs.21,100/- on the basis of the alleged salary
slip for the month of January and February, 2017. It is also
contended that the tribunal committed wrong in including
the conveyance allowance of Rs.2755/- and telephone
allowance of Rs.500/- which are personal pay and not part of
the wage in the monthly income of the deceased which is
unsustainable in the eye of law.
3.1. It is also contended that rate of interest allowed @ 7%
per annum from the date of application till its realization and
default interest allowed @12% per annum is on the higher
side. It is accordingly contended that the impugned award
needs interference of this Court.
// 3 //
4. Even though learned counsel for the claimants-
respondents NO.1 & 2 supported the impugned award, but
in course of hearing contended that the claimants-
respondents will be satisfied if this Court will reduce the
compensation amount to Rs.26,00,000/- along with interest
@ 6% per annum payable from the date of filing of the claim
application till its realization. With regard to award of
default interest @12% per annum. It is contended that this
Court may pass appropriate order.
5. Learned counsel appearing for the Appellant-company
left the aforesaid proposition made by the learned counsel for
the Claimant-Respondent Nos.1 & 2 to the discretion of this
Court.
6. Having heard learned counsel appearing for the Parties,
considering the submissions made, this Court while
disposing the appeal is inclined to waive out default interest
assessed @ 12% per annum and held the claimants entitled
to get compensation amount of Rs.26,00,000/- 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 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-Respondent Nos.1 & 2 in terms of
the Judgment passed on 27.06.2023.
6.1. It is further observed that if the Appellant-Company will
fail to deposit the compensation amount within the time
// 4 //
stipulated here-in-above, the compensation amount of
Rs.26,00,000/- shall carry interest @7% per annum payable
from the date of expiry of the period of 8 (eight) weeks till it is
so deposited.
6.2. It is observed that only after deposit of the amount as
directed, Appellant-Company shall be permitted to take refund
of the statutory deposit along with accrued interest, if any, on
proper identification.
The MACA accordingly stands disposed of.
(Biraja Prasanna Satapathy)
Judge
sangita
Reason: authentication of order
Location: high court of orissa, cuttack
Date: 05-Mar-2025 17:41:13
