Padmini Acharya vs Dhaneswar Ghose & Anr
2025 Latest Caselaw 6055 Ori

Orissa High Court

Padmini Acharya vs Dhaneswar Ghose & Anr on 19 June, 2025

Author: Biraja Prasanna Satapathy

Bench: Biraja Prasanna Satapathy

     IN THE HIGH COURT OF ORISSA AT CUTTACK

                     MACA No.213 of 2019

Padmini Acharya                       .....             Appellant
                                                  Mr. K. C. Nayak, Advocate
                                  -versus-
Dhaneswar Ghose & Anr.               .....              Respondents
                                              Mr. S. Roy, Adv. for Resp. No.2

                    CORAM:
THE HON'BLE MR. JUSTICE BIRAJA PRASANNA SATAPATHY
                     ORDER

19.06.2025

Order No. 07 I.A. No. 2373 of 2024

1. This matter is taken up through hybrid mode.

2. Heard learned counsel appearing for the Parties.

3. This application has been filed seeking modification of the order dtd.19.09.2024.

4. Learned counsel appearing for the Respondent-Company contended that the Tribunal while allowing the claim of the claimant-appellant allowed right of recovery against the owner- Respondent No.1.

5. Even though the award was enhanced vide order dtd.19.09.2024 but such right of recovery has not been extended in respect of the enhanced amount in the light of the judgment passed by the Tribunal.

6. It is accordingly contended that right of recovery be also extended on the enhanced sum of Rs.75,000/-.

7. Having heard learned counsel appearing for Respondent No.2 and taking into account the right of recovery allowed by the Tribunal in its judgment dtd.11.02.2019, this Court is inclined to extend such right of recovery of the enhanced compensation amount so awarded by this Court in its order dtd.19.09.2024.

8. Accordingly, the I.A stands disposed of.

(BIRAJA PRASANNA SATAPATHY) Judge

Subrat

Location: HIGH COURT OF ORISSA, CUTTACK