Orissa High Court
M/S. National Insurance vs Babita Behera And Others on 19 June, 2025
Author: Biraja Prasanna Satapathy
Bench: Biraja Prasanna Satapathy
IN THE HIGH COURT OF ORISSA AT CUTTACK
MACA No.492 of 2025
M/s. National Insurance .... Appellant
Company Ltd., Cuttack Mr. S. Satapathy, Advocate
-versus-
Babita Behera and Others .... Respondents
Mr. S.B. Das , Adv.
(Respondent Nos.1 to 6)
CORAM:
THE HON'BLE MR.JUSTICE BIRAJA PRASANNA SATAPATHY
ORDER
19.06.2025
I.A. No. 863 of 2025
Order No.
04. 1. This matter is taken up through Hybrid Arrangement
(Virtual/Physical) Mode.
2. Heard learned counsel appearing for the Parties.
3. This application has been filed seeking extension of time to
pay the deficit court fee.
4. Learned counsel for the appellant contended that deficit court
fee has already been paid.
5. In view of such submission, this Court while disposing the
I.A., directs the office to accept the deficit court fee.
6. Accordingly, the I.A stands disposed of.
(BIRAJA PRASANNA SATAPATHY)
Judge
05. 1. This matter is taken up through Hybrid Arrangement
(Virtual/Physical) Mode.
2. Heard learned counsel appearing for the Parties.
3. Considering the grounds taken in the I.A., this Court is
inclined to condone the delay subject to payment of cost of
Rs.1,000/- to be paid before the Orissa High Court Bar
Association Welfare Fund by 20.06.2025.
4. The I.A. stands disposed of.
(BIRAJA PRASANNA SATAPATHY)
Judge
06. 1. This matter is taken up through Hybrid Arrangement
(Virtual/Physical) Mode.
2. Heard learned counsel appearing for the Parties.
3. This appeal has been filed by the Appellant-Company
challenging the judgment dt.27.07.2024 so passed by the
learned 2nd Addl. District Judge-cum-3rd MACT, Cuttack in
MAC Case No.612 of 2018. Vide the said Judgment, the
Tribunal awarded compensation at Rs.28,40,400/- along
with interest @7% 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.
4. In support of the challenge, learned counsel appearing
for the appellant contended that without any material, the
Tribunal held the monthly income of the deceased at
Rs.12,000/- per month, which is not sustainable.
4.1. It is also contended that though it is not disputed
that the accident occurred due to head on collision in
between both the vehicles, but contributory negligence was
not taken note of by the Tribunal while assessing the
compensation. It is accordingly contended that the
impugned award needs interference of this Court.
5. Even though learned counsel for the claimants-
respondents supported the impugned award, but in course of
hearing contended that the claimants-respondents will be
fully satisfied if this Court will reduce the compensation
amount to Rs.18,00,000/- along with interest @ 6% per
annum payable from the date of filing of the claim application
till its realization. With regard to award of default interest
@12% per annum, it is contended that this Court may pass
appropriate order.
6. Learned counsel appearing for the Appellant-company
left the aforesaid proposition made by the learned counsel for
the Claimants-respondents to the discretion of this Court.
7. Having heard learned counsel for the parties and
considering the submission made, this Court while
interfering with the impugned judgment is inclined to waive
out the default interest levied @ 12% per annum and
reduce the compensation to Rs.18,00,000/-along with
interest @ 6% per annum payable from the date of
application till its realization. This Court accordingly directs
the Appellant-Company to deposit compensation amount of
Rs.18,00,000/- along with interest @ 6% per annum
payable from the date of application till its realization
within a period of eight (8) weeks from the date of receipt of
this order.
7.1. It is observed that on such deposit of the amount,
the Tribunal shall do well to disburse the same in favour of
the Claimants-Respondents proportionately in terms of the
judgment dt.27.07.2024.
7.2. It is further observed that if the Appellant-Company
will fail to deposit the compensation amount within the
time stipulated here-in-above, the compensation amount of
Rs.18,00,000/- shall carry interest @7% per annum
payable from the date of expiry of the period of 8 (eight)
weeks till it is so deposited.
7.3. Account Payee Cheque be returned to the learned
counsel appearing for the Appellant after satisfaction of the
award in terms of the present order on proper
identification.
8. The MACA accordingly stands disposed of.
(Biraja Prasanna Satapathy)
Judge
Subrat
Location: HIGH COURT OF ORISSA, CUTTACK
Date: 20-Jun-2025 10:58:21
