Orissa High Court
Jasobanda Majhi @ Yasobanta vs Santosh Kumar Dash & Anr on 18 July, 2025
Author: Biraja Prasanna Satapathy
Bench: Biraja Prasanna Satapathy
IN THE HIGH COURT OF ORISSA AT CUTTACK
MACA No.532 of 2024
Jasobanda Majhi @ Yasobanta ..... Appellant
Murmu Mr. P.K. Mishra, Advocate
-versus-
Santosh Kumar Dash & Anr. ..... Respondents
Mr. A.A. Khan, Advocate
(Respondent No. 2)
CORAM:
THE HON'BLE MR. JUSTICE BIRAJA PRASANNA SATAPATHY
ORDER
18.07.2025
Order No.04
1. This matter is taken up through hybrid mode.
2. Mr. A.A. Khan, learned counsel filed Vakalatnama showing his
appearance on behalf of Respondent-Company. The same be kept in
record.
3. Heard Mr. P.K. Mishra, learned counsel appearing for the
Appellant-Claimant and Mr. A.A. Khan, learned counsel appearing
for the Respondent No. 2-Company.
4. The present appeal has been filed by the Appellant-Claimant
seeking enhancement of the compensation so awarded by the
learned 2nd MACT, Cuttack vide Judgment dtd.30.04.2024 in MAC
Case No. 357 of 2015.
5. Learned counsel appearing for the Appellant-Claimant in support
of the enhancement of the award, contended that the Tribunal while
assessing the compensation, did not award any compensation
towards future prospect along with interest. It is accordingly
contended that had the Tribunal properly assessed the compensation
towards future prospect along with interest, the Appellant-Claimant
would have been awarded compensation at the higher side along
with interest @ 12%.
5.1. However, in course of hearing learned counsel appearing for the
Appellant-Claimant contended that if this Court will allow further
compensation amount of Rs.30,000/- consolidated, ends of justice
will be met.
6. Mr. A.A. Khan, learned counsel appearing for the Respondent
No. 2-Company though supported the impugned award, but to the
submission made for award of further compensation of Rs.30,000/-
consolidated by the learned counsel for Appellant, leave the same to
the discretion of this Court.
7. Having heard learned counsel appearing for the Parties and
considering the submissions made, this Court is inclined to dispose
of the appeal by holding that the Appellant-Claimant entitled to get
further compensation amount of Rs.30,000/- consolidated. While
holding so, this Court directs Respondent No. 2-Company to deposit
the aforesaid compensation amount of Rs.30,000/- consolidated
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 Appellant-Claimant
proportionately in terms of the Judgment dtd.30.04.2024.
7.1. However, it is observed that if the amount as directed is not
deposited within the aforesaid time period, the compensation
amount of Rs.30,000/- consolidated will carry interest @ 6% per
annum payable for the period starting from the expiry of the period
of eight (8) weeks till the amount is so deposited.
8. The appeal is accordingly disposed of.
(BIRAJA PRASANNA SATAPATHY)
Judge
Sneha
Location: High Court of Orissa, Cuttack
