Divisional Manager vs Niranjan Behera & Ors
2025 Latest Caselaw 1368 Ori

Orissa High Court

Divisional Manager vs Niranjan Behera & Ors on 17 July, 2025

Author: Biraja Prasanna Satapathy

Bench: Biraja Prasanna Satapathy

        IN THE HIGH COURT OF ORISSA AT CUTTACK
                    MACA No.1128 of 2024
Divisional Manager, M/s.          .....       Appellant
United India Insurance Co.               Mr. R.C. Sahoo 1, Advocate
Ltd., Cuttack
                             -versus-
Niranjan Behera & Ors.          .....        Respondents
                                                 Mr. D.K. Mohapatra, Advocate
                                                    (Respondent Nos. 1 & 2)
                       CORAM:
THE HON'BLE MR. JUSTICE BIRAJA PRASANNA SATAPATHY
                        ORDER

17.07.2025 Order No. 05 I.A. No. 2418 of 2024

1. This matter is taken up through hybrid mode.

2. Heard.

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

4. Considering the grounds taken, this Court is inclined to condone the delay, subject to payment of cost of Rs.5000/- to be paid before the Orissa High Court Bar Association Welfare Fund by 23 rd July, 2025.

5. I.A. stands disposed of.

(BIRAJA PRASANNA SATAPATHY) Judge

1. Heard learned counsel appearing for the Parties.

2. At the outset, learned counsel appearing for the Claimants- Respondents contended that he does not want to press the cross appeal and the same be treated as not pressed.

3. The present appeal has been filed by the Appellant-Company inter alia challenging Judgment dtd.30.09.2022 so passed by the learned Addl. District Judge-cum-4th MACT, Kujang in MAC Case No. 4 of 2019. Vide the said Judgment the Tribunal assessed the compensation at Rs.24,13,000/- along with interest @ 6% per annum payable from the date of filing of the claim application till its realization.

4. In course of hearing learned counsel appearing for the Parties contended that the matter be disposed of on compromise and the compensation amount be reduced to 18,00,000/- with 6% per annum, payable from the date of filing of the claim application till its realization.

5. Considering the compromise so effected before this Court in between the learned counsel appearing for the Parties, this Court while disposing the appeal, held the Claimants-Respondents entitled to get compensation amount of Rs.18,00,000/- along with 6% per annum payable from the date of filing of the claim application till its realization. Appellant is directed to deposit the compensation amount so compromised, 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 proportionately in favour of the Claimants- Respondents in terms of the Judgment passed on 30.09.2022.

5.1. 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.18,00,000/- shall

carry interest @ 7% per annum payable for the period starting from the expiry of the period of eight (8) weeks till its payment.

5.2. 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.

6. The appeal is disposed of accordingly.

(BIRAJA PRASANNA SATAPATHY) Judge Sneha

Location: High Court of Orissa, Cuttack