Orissa High Court
Jagabandhu Swain vs Bharati Ojha And Another on 10 July, 2025
Author: Biraja Prasanna Satapathy
Bench: Biraja Prasanna Satapathy
IN THE HIGH COURT OF ORISSA AT CUTTACK
MACA No.176 of 2020
Jagabandhu Swain ..... Appellant
Mr. K.C. Nayak, Advocate
-versus-
Bharati Ojha and Another .....
Respondents
Mr. R.R. Mohanty, Adv. for
Respondent No.2
CORAM:
THE HON'BLE MR. JUSTICE BIRAJA PRASANNA SATAPATHY
ORDER
10.07.2025
1. This matter is taken up through hybrid mode.
2. Heard learned counsel for the parties.
3. The present appeal has been filed by the Appellant-Claimant
seeking enhancement of the compensation so awarded by the learned
2nd Addl. District Judge-cum-3rd MACT, Cuttack vide Judgment
dtd.15.02.2020 in MAC Case No.559/2016. Vide the said Judgment
the Tribunal assessed the compensation at Rs.2,10,000/- along with
interest @ 7% per annum payable from the date of filing of the
claim application till its realization.
4. In support of the enhancement, learned counsel appearing for the
Appellant-Claimant contended that no compensation has been awarded
towards future income and future suffering while assessing the award
and accordingly the award was assessed on the lower side.
4.1. It is accordingly contended that had the Tribunal awarded the
compensation towards future income and future suffering, the
compensation amount would have been assessed on a higher side. It
is accordingly contended that the compensation so awarded requires
substantial enhancement.
4.2. However, in course of hearing, learned counsel for the
appellant-claimant contended that if this Court will allow further
compensation amount of Rs.50,000/- consolidated, ends of justice will
be met.
5. Learned counsels appearing for the Respondent No. 2-
Company though supported the impugned award and contended that
the award has been fully satisfied in the meantime, but to the
submission made for award of further compensation of Rs.50,000/-
consolidated by the learned counsel for Appellant, leave the same to
the discretion of this Court.
6. Having heard learned counsel appearing for the Parties and
considering the submissions made, this Court while interfering with
the impugned award, is inclined to dispose of the appeal by holding
that the Appellant-Claimant is entitled to get further compensation
amount of Rs.50,000/- consolidated. While holding so, this Court
directs Respondent No.2-Company to deposit the aforesaid further
compensation amount of Rs.50,000/- consolidated equally before the
Tribunal within a period of four (4) 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 Appellant-Claimant in full.
6.1. However, it is observed that if the amount as directed is not
deposited by Respondent No.2 within the aforesaid time period, the
compensation amount of Rs.50,000/- consolidated will carry interest @
6% per annum payable for the period starting from the expiry of the
period of four (4) weeks till the amount is so deposited.
7. The appeal is accordingly disposed of.
(BIRAJA PRASANNA SATAPATHY)
Judge
Basudev
Location: High Court of Orissa, Cuttack
Date: 14-Jul-2025 11:07:13 Page 3 of 3.
