Orissa High Court
B.M vs Durbadala Seth And on 14 July, 2025
Author: Biraja Prasanna Satapathy
Bench: Biraja Prasanna Satapathy
IN THE HIGH COURT OF ORISSA AT CUTTACK
MACA No.585 of 2024
B.M., Oriental Insurance
Co. Ltd., Balangir
.... Appellant
Mr. S. Pradhan, Advocate
-versus-
Durbadala Seth and
Others .... Respondents
Mr. J. Sahu, Advocate for R.6
CORAM:
JUSTICE BIRAJA PRASANNA SATAPATHY
ORDER
14.07.2025
I.A. No.1406 of 2024
Order No.
04. 1. This matter is taken up through Hybrid Arrangement
(Virtual/Physical) Mode.
2. Heard learned counsel for the parties.
3. Perused the Tracking Report. Since notice has been
duly served on Respondent No.4, notice against the said
respondent is treated as sufficient.
4. Since the dispute is only with regard to the
quantum, considering the submissions made, this Court
is inclined to condone the delay subject to payment of
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cost of Rs.1,000/- to be paid before the Orissa High Court
Bar Association Welfare Fund by 16.07.2025.
5. I.A. is disposed of.
(Biraja Prasanna Satapathy)
Judge
1. Heard learned counsel appearing for the Parties.
2. This appeal has been filed by the Appellant-
Company challenging Judgment dtd.20.12.2023 so
passed by the learned A.D.J.-cum-4th MACT, Balangir in
MAC Case No.14/49 of 2020-22. Vide the said
Judgment, the Tribunal assessed the compensation at
Rs.19,55,580/- 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% per annum, if the compensation so assessed
is not deposited within a period of two (2) months.
3. Learned counsels appearing for the parties
produced before this Court the compromise sheet
showing the settlement of the compensation at
Rs.17,35,000/- along with interest @ 6% payable from
the date of filing of the claim application till its
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realization with waiving of the default interest.
Compromise sheet so filed in Court be kept in record.
4. Having heard learned counsel appearing for the
Parties, considering the compromise arrived at, this
Court while disposing the appeal by waiving the default
interest, held the Claimants-Respondents entitled to get
compensation amount of Rs.17,35,000/- 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
before the Tribunal within a period of eight (8) weeks
from the date of receipt of this order. On such deposit of
the amount, learned tribunal shall do well to disburse
the amount proportionately in terms of the judgment
dated 20.12.2023 in favour of the Claimants-
Respondents.
4.1. 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.17,35,000/- 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.
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4.2. It is observed that only after deposit of the amount
as directed, appellant will be permitted to take refund of
the statutory deposit along with accrued interest if any
from the Registry on proper identification.
5. The appeal is accordingly disposed of.
(Biraja Prasanna Satapathy)
Judge
Subrat
Location: HIGH COURT OF ORISSA, CUTTACK
