Orissa High Court
D.M vs Gouri Oram & Ors on 6 March, 2025
Author: Biraja Prasanna Satapathy
Bench: Biraja Prasanna Satapathy
IN THE HIGH COURT OF ORISSA AT CUTTACK
MACA No.295 of 2024
D.M., Oriental Insurance Co. ..... Appellant
Ltd. Mr. S. Roy, Advocate
-versus-
Gouri Oram & Ors. ..... Respondents
Mr. P.K. Nayak, Advocate
(Respondent Nos. 1& 2)
Mr. D. Patnaik, Advocate
(Respondent No. 8)
CORAM:
THE HON'BLE MR. JUSTICE BIRAJA PRASANNA SATAPATHY
ORDER
06.03.2025
Order No.02 I.A. Nos. 2398 & 2399 of 2024
1. This matter is taken up through hybrid mode.
2. Heard.
3. Though both the I.As. have been filed seeking exemption from
paying the court fees and for condontation of delay in filing the
cross objection, but learned counsel appearing for the Claimants-
Respondents filed a memo in Court indicating therein that the
Claimants-Respondents don't want to press the cross objection.
4. Accordingly cross objection so filed is treated as not pressed
along with both the I.As.
5. I.As. stand disposed of accordingly along with the cross
objection.
(BIRAJA PRASANNA SATAPATHY)
Judge
P.T.O.
1. Heard learned counsel appearing for the Parties.
2. Considering the grounds taken, delay in filing the appeal is
condoned, subject to payment of cost of Rs.3000/- to be paid before
the Orissa High Court Bar Association Welfare Fund by 13th March,
2025.
3. I.A. stands disposed of.
(BIRAJA PRASANNA SATAPATHY)
Judge
1. Heard Mr. S. Roy, learned counsel appearing for the Appellant-
Company and Mr. P.K. Nayak, learned counsel appearing for the
Claimants-Respondent Nos. 1 to 7 and Mr. D. Patnaik, learned
counsel for Respondent No. 8.
2. This appeal has been filed by the Appellant-Company challenging
Judgment dtd.14.03.2023 so passed by the 2nd Additional District
Judge-cum-5th MACT, Rourkela in MAC Case No. 173/2017. Vide
the said Judgment the Tribunal assessed the compensation at
Rs.14,80,182/- along with interest @ 6% per annum payable from
the date of filing of the claim application till its realization.
3. In support of the appeal, learned counsel appearing for the
Appellant-Company contended that the Tribunal wrongly held the
date of death of the deceased as 24.02.2017 in place of 17.02.2017
even if it has been tampered by the Claimants to take illegal
compensation. It is also contended that the Tribunal wrongly
awarded Rs. 80,000/- towards filial consortium, which is contrary to
the Judgment of the Hon'ble Apex Court in the case of Sri Ram
General Insurance Co. Ltd. Vs. Bhagat Singh Rawat & Ors.
reported in 2023 (2) TAC-713.
3.1. Making the aforesaid submissions learned counsel for the
Appellant-Company contended that had the Tribunal properly
appreciated the aforesaid contentions so raised by the Appellant, the
compensation amount would have been on the lower side. It is
accordingly contended that the impugned award needs interference
of this Court.
4. Even though Mr. P.K. Nayak, learned counsel appearing for the
Claimants-Respondents supported the impugned Judgment, but in
course of hearing contended that the Claimants-Respondents will be
fully satisfied, if this Court will reduce the compensation to the tune
of Rs.14,00,000/- along with interest @ 6% per annum payable from
the date of filing of the claim application till its realization.
5. 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.
6. Having heard learned counsel appearing for the Parties and
considering the submissions made, this Court is inclined to reduce
the compensation amount to Rs.14,00,000/- along with interest @
6% per annum payable from the date of filing the claim application
till its realization. This Court accordingly while holding so, directs
the Appellant-Company to deposit compensation amount of
Rs.14,00,000/- along with interest @ 6% per annum payable from
the date of filing of the claim application till its realization 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 Claimants-Respondents proportionately in terms of the
Judgment passed on 14.03.2023.
6.1. 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.14,00,000/-shall carry interest @ 7% per annum payable for the
period starting from the expiry of the period of eight (8) weeks till
its payment.
6.2. It is further observed only after deposit of the awarded amount,
Appellant be permitted to take refund of the statutory deposit along
with accrued interest if any from the Registry of this Court on proper
identification.
7. The appeal is accordingly disposed of.
(BIRAJA PRASANNA SATAPATHY)
Judge
Sneha
Location: High Court of Orissa, Cuttack
