Orissa High Court
Susama Behera vs Rajaballabh Mishra And on 23 June, 2025
Author: Biraja Prasanna Satapathy
Bench: Biraja Prasanna Satapathy
IN THE HIGH COURT OF ORISSA AT CUTTACK
MACA No.993 of 2019
Susama Behera ..... Appellant
Mr. B.P. Mohanty, Advocate
-versus-
Rajaballabh Mishra and .....
Another Respondents
Mr. N. B. Das, Advocate for
Respondent No.2-company
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 Addl. District and Sessions Judge-cum-4th MACT, Puri vide
Judgment dtd.06.12.2019 in MAC Case No.107-451 of 2009-2007.
Vide the said Judgment the Tribunal assessed the compensation at
Rs.25,000/- 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 for the appellant
contended on the face of the claim made to the tune of Rs.1,00,000/-
, the Tribunal without proper appreciation of the materials placed
before it, only awarded compensation amount of Rs.25,000/- along
with interest @ 6% per annum payable from the date of filing of the
application till its realization.
4.1. It is also contended that the Tribunal while assessing the
compensation never take into consideration the injury sustained by
the injured and the expenses incurred towards medicine and other
ancillary expenses. It is accordingly contended that had the Tribunal
properly appreciated the stand of the Appellant, the compensation
amount so awarded would have been on the higher side. It is
accordingly contended that the impugned award requires
interference with enhancement of the award. It is also contended
that the award so passed has not yet been satisfied.
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.30,000/- consolidated, ends of justice will
be met. It is contended that the award originally passed has not yet
been satisfied by the Respondent No.2-Company.
5. Mr. N.B. Das, learned counsel appearing for the Respondent
No.2-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.30,000/-
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.30,000/- consolidated. While holding so, this Court
directs Respondent No.2-Company to deposit the awarded amount
along with further compensation amount of Rs.30,000/- consolidated
before the Tribunal within a period of six (4) weeks from the date of
receipt of this order if the award amount has not yet been deposited as
contended in terms of the Judgment dtd.06.12.2019. On such deposit
of the amount, the Tribunal shall disburse the entire amount in favour
of the Appellant-Claimant.
6.1. However, it is observed that if the amount as directed is not
deposited by Respondent No.2 within the aforesaid time period, the
award amount if not deposited as yet and further compensation amount
of Rs.30,000/- consolidated, will carry interest @ 7% per annum
payable for the period starting from the expiry of the period of six (6)
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
