Orissa High Court
Susanta Kumar Panda vs Santosh Chandra Samantarai on 23 June, 2025
Author: Biraja Prasanna Satapathy
Bench: Biraja Prasanna Satapathy
IN THE HIGH COURT OF ORISSA AT CUTTACK
MACA No.168 of 2019
Susanta Kumar Panda ..... Appellant
Mr. P.C. Pattnaik(1), Advocate
-versus-
Santosh Chandra Samantarai .....
and Others Respondents
Ms. N. Mohanty, Advocate
(Respondent No. 3)
Mr. P. Sinha, Advocate
for Respondent No.4
CORAM:
THE HON'BLE MR. JUSTICE BIRAJA PRASANNA SATAPATHY
ORDER
23.06.2025
1. This matter is taken up through hybrid mode.
2. Heard learned counsel for the parties.
3. The present appeal has been filed by the Appellant-Claimant
seeking enhancement of the compensation so awarded by the learned
2nd MACT (Southern Division), Berhampur, Ganjam vide Judgment
dtd.04.10.2018 in MAC Case No.2/2017. Vide the said Judgment the
Tribunal assessed the compensation at Rs.1,30,000/- along with
interest @ 6% per annum payable from the date of filing of the
claim application till its realization.
4. In support of the enhancement, learned counsel appearing for the
Appellant-Claimant contended that no compensation has been awarded
towards future prospect and loss of future income while assessing the
award and accordingly the award was assessed on the lower side.
4.1. It is accordingly contended that had the Tribunal awarded the
compensation towards future prospect and loss of future income , the
compensation amount would have been assessed on a higher side. It
is accordingly contended that the compensation so awarded requires
substantial enhancement.
4.2. However, in course of hearing, learned counsel for the
appellant-claimant contended that if this Court will allow further
compensation amount of Rs.50,000/- consolidated, ends of justice will
be met.
5. Learned counsels appearing for the Respondent Nos. 3 and 4-
Company though supported the impugned award and contended that
the award has been fully satisfied in the meantime, but to the
submission made for award of further compensation of Rs.50,000/-
consolidated by the learned counsel for Appellant, leave the same to
the discretion of this Court.
6. Having heard learned counsel appearing for the Parties and
considering the submissions made, this Court while interfering with
the impugned award, is inclined to dispose of the appeal by holding
that the Appellant-Claimant is entitled to get further compensation
amount of Rs.50,000/- consolidated. While holding so, this Court
directs Respondent Nos.3 and 4-Company to deposit the aforesaid
further compensation amount of Rs.50,000/- consolidated equally
before the Tribunal within a period of four (4) 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 in terms of the
Judgment dtd.04.10.2018.
6.1. However, it is observed that if the amount as directed is not
deposited by Respondent Nos.3 and 4 within the aforesaid time period,
the compensation amount of Rs.50,000/- consolidated will carry
interest @ 6% per annum payable for the period starting from the
expiry of the period of four (4) weeks till the amount is so deposited.
7. The appeal is accordingly disposed of.
(BIRAJA PRASANNA SATAPATHY)
Judge
Basudev
Reason: Authentication Page 3 of 3.
Location: High Court of Orissa, Cuttack
Date: 26-Jun-2025 12:21:30
