Sumanti Sahoo vs Patitapabana Behera &
2025 Latest Caselaw 2298 Ori

Orissa High Court

Sumanti Sahoo vs Patitapabana Behera & on 9 January, 2025

Author: Biraja Prasanna Satapathy

Bench: Biraja Prasanna Satapathy

          IN THE HIGH COURT OF ORISSA AT CUTTACK

                        MACA No.1230 of 2016


        Sumanti Sahoo                       ....                           Appellant
                                                              Mr. D. Mund, Advocate


                                         -versus-

        Patitapabana Behera &
        Another                             ....                      Respondents
                                                     Mr. B. D. Mohapatra, Adv. for
                                                                          Resp. 2

                           CORAM:
               JUSTICE BIRAJA PRASANNA SATAPATHY
                                        ORDER

09.01.2025 Order No.

05. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode.

2. Heard learned counsel appearing for the Parties.

3. This appeal has been filed challenging the compensation so awarded by the learned District Judge-cum-1st M.A.C.T., Bhawanipatna, Kalahandi vide judgment dtd.20.09.2016 in M.A.C. Case No.98/2014.

4. Mr. D. Mund, learned counsel for the appellant/claimant contended that while assessing the compensation no compensation has been award towards future prospect and compensation awarded on other heads at Rs.28,000/- is on the lesser side.

// 2 //

4.1. It is also contended that instead of deducting 1/4th from the monthly income towards personal expenses, the Tribunal wrongly deducted 1/3 rd.

4.2. It is accordingly contended that had the Tribunal properly appreciated the claim, the compensation amount should have been assessed with an excess compensation of Rs.4,00,000/- along with interest.

5. However, in course of hearing, Mr. Mund, learned counsel for the appellant contended that if this Court will allow further consolidated compensation amount Rs.5,00,000/- the appellant will have no further grievances.

5.1. Mr. B. Das Mohapatra, learned counsel for the Respondent No.2 with regard to the claim for award of further compensation to the tune of Rs.5,00,000/- consolidated, left the same to the discretion of this Court. It is also fairly contended that no compensation has been awarded towards future prospect, but the award has already been satisfied.

6. Having heard learned counsel appearing for the Parties and considering the submissions made, this Court while disposing the appeal held the appellant/claimant entitled to get further compensation amount of Rs.5,00,000/- consolidated. While holding so, this Court directs Respondent No.2 to deposit the aforesaid compensation amount of

// 3 //

Rs.5,00,000/- before the Tribunal within a period of eight (8) weeks from the date of receipt of this order. On such deposit of the amount, the Tribunal is directed to disburse the same in favour of the claimant/appellant proportionately in terms of the judgment dtd.20.09.2016.

7. However, it is observed that if the amount is not deposited within the aforesaid time period, the same shall carry interest @ 6% per annum for the period starting from expiry of the period of eight weeks till the amount is so deposited.

8. Accordingly, the MACA stands disposed.

(Biraja Prasanna Satapathy) Judge

Subrat

Location: HIGH COURT OF ORISSA, CUTTACK