The Divisional Manager vs Sanjay Kumar Mohanta
2025 Latest Caselaw 3106 Ori

Orissa High Court

The Divisional Manager vs Sanjay Kumar Mohanta on 30 January, 2025

Author: Biraja Prasanna Satapathy

Bench: Biraja Prasanna Satapathy

            IN THE HIGH COURT OF ORISSA AT CUTTACK
                          MACA No.1176 of 2024

        The Divisional Manager,
        National Insurance Co.
        Ltd., Cuttack                      ....                    Appellant
                                                     Mr. P. Sinha, Advocate
                                        -versus-

        Sanjay Kumar Mohanta
        and Others                         ....                Respondents
                                       Mr. B.B. Singh, Advocate for R.1 and 2
                             CORAM:
                  JUSTICE BIRAJA PRASANNA SATAPATHY
                                          ORDER

30.01.2025 I.A. No.2777 of 2024 Order No.

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

2. Perused the Tracking Report. Since notice has been duly served on Respondent No.3, notice against the said Respondent is treated as sufficient.

3. Heard learned counsel for the parties.

4. Considering the grounds taken, this Court is inclined to condone the delay in filing the appeal subject to payment of cost of Rs.2000/- before the Orissa High Court Bar Association Welfare Fund by 03.02.2025.

5. I.A. accordingly stands disposed of.

(Biraja Prasanna Satapathy) Judge

P.T.O // 2 //

1. Heard Mr. P. Sinha, learned counsel appearing for the Appellant-Company and Mr. B.B. Singh, learned counsel appearing for the Claimants-Respondent Nos.1 and 2.

2. This appeal has been filed by the Appellant- Company challenging Judgment dtd.31.01.2024 so passed by the learned 1st MACT, Mayurbhanj, Baripada in MAC Case No.34 of 2015. Vide the said Judgment the Tribunal assessed the compensation at Rs.32,96,062/- along with interest @ 7% per annum payable from the date of filing of the claim application till its realization.

3. Learned counsel for the Appellant-Company contended that while assessing the compensation at Rs.32,96,062/-, the Tribunal never take into consideration the rash and negligent driving of the offending Motor Cycle bearing Regd. No.OR-04-M-4952, leading to contributory negligence. Not only that no deduction was also made towards professional tax. It is also contended that the tribunal awarded interest @ 7% p.a, which is on the higher side.

3.1. Making all these submissions learned counsel appearing for the Appellant-company contended that had the Tribunal properly appreciated the stand of the Appellant and assessed the compensation, the

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compensation amount so awarded would 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.

4. Even though Mr. B.B. Singh, learned counsel appearing for the Claimants-Respondent Nos.1 and 2 supported the impugned award, but in course of hearing contended that the Claimants-Respondent Nos. 1 and 2 will have no grievance, if the compensation amount will be reduced to Rs.31,50,000/-, with interest @ 6% per annum payable from the date of filing of the claim application till its realization.

5. Mr. P. Sinha, learned counsel appearing for the Appellant-Company left the aforesaid proposition made by the learned counsel for the Claimants-Respondent Nos.1 and 2 to the discretion of this Court.

6. Having heard learned counsel appearing for the Parties, considering the submissions made and after going through the materials placed, this Court while interfering with the impugned Judgment dtd.31.01.2024 is inclined to reduce the compensation and held the Claimants-Respondent Nos.1 and 2 entitled to get compensation amount of Rs.31,50,000/-, 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

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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 Claimants-Respondent Nos.1 and 2 proportionately in terms of the Judgment passed on 31.01.2024.

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.31,50,000/-, shall carry interest @ 7% per annum for the period starting from the expiry of the period of eight (8) weeks till it is deposited before the Tribunal.

6.2. Statutory deposit be refunded to the learned counsel for the appellant after satisfaction of the award as directed as proper identification.

7. The appeal is accordingly disposed of.

(Biraja Prasanna Satapathy) Judge

Basudev

Location: High Court of Orissa, Cuttack