Orissa High Court
National Insurance Co. Ltd vs Kerankanti Tete & Others on 16 January, 2025
Author: Biraja Prasanna Satapathy
Bench: Biraja Prasanna Satapathy
IN THE HIGH COURT OF ORISSA AT CUTTACK
MACA No.417 of 2016
National Insurance Co. Ltd. ..... Appellant
Ms. R.J. Pati, Advocate
-versus-
Kerankanti Tete & Others ..... Respondents
Mr. D.K. Pattanaik, Advocate for
Respondent No.1, 3 and 5
CORAM:
THE HON'BLE MR. JUSTICE BIRAJA PRASANNA SATAPATHY
ORDER
16.01.2025
1. This matter is taken up through hybrid mode.
2. Heard Ms. R.J. Pati, learned counsel appearing for the Appellant-
Company, Mr. D.K. Pattanaik, learned counsel appearing for the
Claimant-Respondent Nos.1, 3 and 5.
3. This appeal has been filed by the Appellant-Company challenging
Judgment dtd.21.11.2015 so passed by the learned 2nd Addl. District
Judge-cum-5th MACT, Rourkela in MAC Case No. 314 of 2011.
Vide the said Judgment the Tribunal assessed the compensation at
Rs.17,10,000/- along with interest @ 6% per annum payable from
the date of filing of the claim application till its realization.
4. In support of the appeal, learned counsel appearing for the
Appellant-Company contended that the Tribunal while assessing the
compensation, never take into consideration the fact that the
deceased died due to his own negligence.
4.1. It is also contended that the Tribunal without proper
appreciation of the materials placed, while wrongly assessed the
compensation at Rs.17,10,000/-, which is on the higher side.
4.2. Making all these submissions learned counsel appearing for the
Appellant contended that had the Tribunal properly
appreciated/assessed the compensation amount so awarded should
have been on the lower side. It is accordingly contended that the
impugned award is not sustainable in the eye of law and requires
interference of this Court.
5. Even though Mr. D.K. Pattnaik, learned counsel appearing for the
Claimant-Respondent Nos.1, 3 and 5 supported the impugned
award, but in course of hearing contended that Claimant-Respondent
Nos.1, 3 and 5 will have no grievance, if the compensation amount
will be reduced to Rs.16,50,000/- along with interest @ 6% per
annum payable from the date of filing of the claim application till its
realization.
6. Learned counsel appearing for the Appellant-Company left the
aforesaid proposition made by the learned counsel for the Claimant-
Respondent Nos.1, 3 and 5 to the discretion of this Court.
7. Having heard learned counsel appearing for the Parties and
considering the submissions made, this Court while interfering with
the impugned Judgment dtd.21.11.2015, held the Claimant-
Respondent Nos.1, 3 and 5 entitled to get compensation amount of
Rs.16,50,000/- 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.16,50,000/- 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 in favour of the
Claimant-Respondent Nos.1, 3 and 5 proportionately in terms of the
Judgment passed on 21.11.2015.
7.1. 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.16,50,000/- shall carry interest @ 7% per annum for the period
starting from the expiry of the period of eight (8) weeks till its
payment. Statutory deposit made be refunded to the learned counsel
for the appellant-company along with accrued interest, if any, on
proper identification after satisfaction of the award.
8. The appeal is accordingly disposed of.
(BIRAJA PRASANNA SATAPATHY)
Judge
Basudev
Location: High Court of Orissa, Cuttack
