Orissa High Court
D.M vs Shashmita Nayak & Ors on 11 July, 2025
Author: Biraja Prasanna Satapathy
Bench: Biraja Prasanna Satapathy
IN THE HIGH COURT OF ORISSA AT CUTTACK
MACA No.393 of 2025
D.M., M/s. Oriental Insurance ..... Appellant
Co. Ltd. Mr. P. Sinha, Advocate
-versus-
Shashmita Nayak & Ors. ..... Respondents
Mr. K.C. Nayak, Advocate
(Respondent Nos. 1 to 4)
CORAM:
THE HON'BLE MR. JUSTICE BIRAJA PRASANNA SATAPATHY
ORDER
11.07.2025
Order No.03 I.A. No. 791 of 2025
1. This matter is taken up through hybrid mode.
2. Heard.
3. Since the dispute is with regard to quantum only, this Court is
inclined to condone the delay in filing the application.
4. I.A. accordingly stands disposed of.
(BIRAJA PRASANNA SATAPATHY)
Judge
04. MACA No. 393 of 2025
1. Heard Mr. P. Sinha, learned counsel appearing for the Appellant-
Company and Mr. K.C. Nayak, learned counsel appearing for the
Claimants-Respondent Nos. 1 to 4.
2. The present appeal has been filed by the Appellant-Company
challenging Judgment dtd.04.11.2024 so passed by the learned 1st
Addl. District Judge-cum-1st MACT, Cuttack in MAC Case No.
1261 of 2017. Vide the said Judgment the Tribunal assessed the
compensation at Rs.39,17,536/- along with interest @ 6% per
annum payable from the date of filing of the claim application till its
realization. The Tribunal also awarded default interest @ 12%, if the
compensation so assessed is not deposited within the stipulated time
period.
3. Learned counsel appearing for the Appellant-Company in support
of the appeal contended that since the deceased without any head
gear was driving the motor cycle by carrying three (3) pillion riders
and due to negligent on his part, the accident occurred, it comes
under the ambit of contributory negligence and the compensation
amount should have been deducted @ 50%.
3.1. It is also contended that since deductions have not been made
towards income tax, professional tax and other allowances, the
Tribunal should have calculated the net income of the deceased
accordingly. It is also contended that award of default interest @
12% per annum is on the higher side. It is accordingly contended
that the impugned award is not sustainable in the eye of law and
requires interference of this Court.
4. Mr. K.C. Nayak, learned counsel appearing for the Claimants-
Respondent Nos. 1 to 4 though on the other hand supported the
impugned Judgment, but in course of hearing contended that the
Claimants-Respondents will be fully satisfied, if this Court will
assess the compensation amount at Rs.35,00,000/- along with
interest @ 6% per annum payable from the date of filing of the
claim application till its realization. With regard to award of 12%
default interest, learned counsel appearing for the Respondents-
Claimants contended that this Court can pass appropriate order in
that regard.
5. Learned counsel appearing for the Appellant-Company left the
aforesaid proposition made by the learned counsel for the
Claimants-Respondent Nos. 1 to 4 to the discretion of this Court.
6. Having heard learned counsel appearing for the Parties and
considering the submissions made, this Court while waiving out the
default interest levied @ 12% per annum, is inclined to held the
Claimants-Respondent Nos. 1 to 4 entitled to get compensation
amount of Rs.35,00,000/- along with interest @ 6% per annum
payable from the date of application till its realization. While
holding so, this Court directs the Appellant-Company to deposit the
compensation amount of Rs.35,00,000/- along with interest @ 6%
interest per annum payable from the date of filing of the claim
application till its realization 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 shall disburse the same in favour
of the Claimants-Respondent Nos. 1 to 4 proportionately in terms of
the Judgement dtd.04.11.2024.
6.1. However, it is observed that if the amount as directed is not
deposited within the aforesaid time period of eight (8) weeks, the
compensation amount of Rs.35,00,000/- shall carry interest @ 7%
starting from the expiry of the period of eight (8) weeks till the
amount is so deposited.
6.2. On such deposit of the amount, the Appellant-Company shall be
permitted to take back the statutory deposit along with accrued
interest if any from the Registry on proper identification.
7. The appeal is disposed of accordingly.
(BIRAJA PRASANNA SATAPATHY)
Judge
Sneha
Location: High Court of Orissa, Cuttack
