Divisional Manager vs Rashmi Mallik And
2025 Latest Caselaw 1673 Ori

Orissa High Court

Divisional Manager vs Rashmi Mallik And on 24 July, 2025

Author: Biraja Prasanna Satapathy

Bench: Biraja Prasanna Satapathy

            IN THE HIGH COURT OF ORISSA AT CUTTACK
                           MACA No.415 of 2024

        Divisional Manager,
        Oriental Insurance Co.
        Ltd.                              ....                   Appellant
                                                     Ms. R. Pati, Advocate

                                       -versus-
        Rashmi Mallik and                 ....
        Others                                               Respondents
                                       Mr. D. Patnaik, Advocate for R-1 to 4


                             CORAM:
                  JUSTICE BIRAJA PRASANNA SATAPATHY
                                         ORDER

24.07.2025

I.A. No.945 of 2024 Order No.

05. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode.

2. Perused the office note. Since the dispute is only with regard to quantum, this Court is of the view that in absence of the owner-Respondent who has died, there is no bar to condone the delay. This Court accordingly is inclined to condone the delay and condone the delay accordingly.

3. I.A. stands disposed of.

(Biraja Prasanna Satapathy) Judge

P.T.O. // 2 //

1. Heard Ms. R. Pati, learned Counsel appearing for the Appellant-Company and Mr. D. Patnaik, learned counsel appearing for the Respondents No.1 to 4- Claimants.

2. This appeal has been filed by the Appellant- Company challenging Judgment dtd.15.09.2023 so passed by the learned 2nd MACT (S.D.), Berhampur, Ganjam in MAC Case No.202 of 2021. Vide the said Judgment the Tribunal assessed the compensation at Rs.17,35,640/- along with interest @ 6% per annum payable from the date of filing of the claim application till its realization.

2.1. Learned counsel for the Appellant-Company contended that while assessing the compensation at Rs.17,35,640/-, the Tribunal never take into consideration as to whether the offending Bolero bearing Registration No. OD-07-R-0087 caused the accident on 16.03.2020 and whether due to the rash and negligent driving of the accused driver, accident occurred, causing death of the deceased persons. It is contended that even though such a plea was taken before the Tribunal by the Appellant-Company, but the same was never taken into consideration while assessing the compensation at Rs.17,35,640/-.

// 3 //

2.2. In support of the appeal, learned counsel for the appellant contended that compensation awarded towards conventional head is on the higher side.

2.3. Making all these submissions learned counsel appearing for the Appellant-company contended that had the Tribunal properly appreciated the stand of the Appellant, the compensation amount so awarded would have been on the lower side. It is accordingly contended that the impugned award is not sustainable in the eye of law and requires interference of this Court.

3. Even though Mr. D. Patnaik, learned counsel appearing for the Claimant-Respondents No.1 to 4 supported the impugned award, but in course of hearing contended that the Claimant-Respondents No.1 to 4 will have no grievance, if the compensation amount will be reduced to Rs.15,00,000/-, with interest @ 6% per annum so awarded by the tribunal.

4. Ms. R. Pati, learned counsel appearing for the Appellant-Company left the aforesaid proposition made by the learned counsel for the Claimant-Respondents No.1 to 4 to the discretion of this Court.

5. Having heard learned counsel appearing for the Parties, considering the submissions made and after going through the materials placed, this Court while interfering with the impugned Judgment dtd.15.09.2023 is inclined to reduce the same and held the Claimant- Respondents No.1 to 4 entitled to get compensation

// 4 //

amount of Rs.15,00,000/- 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 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 Claimant- Respondents No.1 to 4 proportionately in terms of the Judgment passed on 15.09.2023.

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.15,00,000/- 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.

5.2. 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.

6. The appeal is accordingly disposed of.

(Biraja Prasanna Satapathy)

Location: High Court of Orissa, Cuttack