The Divisional Manager vs K. Bairi Reddy & Ors
2025 Latest Caselaw 1087 Ori

Orissa High Court

The Divisional Manager vs K. Bairi Reddy & Ors on 10 July, 2025

Author: Biraja Prasanna Satapathy

Bench: Biraja Prasanna Satapathy

        IN THE HIGH COURT OF ORISSA AT CUTTACK
                    MACA No.1108 of 2024
The Divisional Manager,           .....       Appellant
Oriental Insurance Company               Mr. P.K. Tripathy, Advocate
Ltd., Ganjam
                             -versus-
K. Bairi Reddy & Ors.           .....        Respondents
                                                    Mr. B.B. Singh, Advocate
                                                    (Respondent Nos. 1 to 5)

                    CORAM:
THE HON'BLE MR. JUSTICE BIRAJA PRASANNA SATAPATHY

                             ORDER

10.07.2025 Order No. 07 I.A. No. 1594 of 2025

1. This matter is taken up through hybrid mode.

2. Heard Mr. P.K. Tripathy, learned counsel appearing for the Appellant and Mr. B.B. Singh, learned counsel appearing for the Claimants-Respondent Nos. 2 to 5/Petitioner in the I.A..

3. This application has been filed seeking an appropriate order.

4. It is contended that by the time the appeal was disposed of by this Court vide order dtd.07.05.2025, Claimant-Respondent No. 1 had already died on 30.03.2025. It is accordingly contended that since Claimant-Respondent No. 1 had already died by the time the appeal was disposed of and all his legal heirs are on record as Respondent Nos. 2 to 5, the share as due and admissible to Respondent No. 1 be disbursed in favour of Respondent Nos. 2 to 5 proportionately in terms of the judgment.

5. Learned counsel appearing for the Appellant does not dispute the contention raised by the learned counsel appearing for the Claimants- Respondents.

6. Having heard learned counsel appearing for the Parties and considering the submission made, this Court while disposing the I.A., is inclined to direct the Tribunal to disburse the share as due and admissible to Respondent No. 1 in favour of Respondent Nos. 2 to 5 proportionately in terms of the judgment along with their original share.

7. Since it is contended by the learned counsel appearing for the Appellant that the compensation amount has not yet been deposited, Appellant is directed to make the deposit within a period of four (4) weeks hence.

8. I.A. accordingly stands disposed of.

(BIRAJA PRASANNA SATAPATHY) Judge Sneha

Location: High Court of Orissa, Cuttack