Orissa High Court
Divisional Manager vs Sumana Das & Ors on 10 March, 2025
Author: Biraja Prasanna Satapathy
Bench: Biraja Prasanna Satapathy
IN THE HIGH COURT OF ORISSA AT CUTTACK
MACA No.109 of 2025
Divisional Manager, United ..... Appellant
India Insurance Company Ltd., Mr. S. Roy, Advocate
Balasore
-versus-
Sumana Das & Ors. ..... Respondents
Mr. P.K. Behera, Advocate
(Respondent Nos. 1 to 5)
CORAM:
THE HON'BLE MR. JUSTICE BIRAJA PRASANNA SATAPATHY
ORDER
10.03.2025
Order No.01 I.A. No. 328 of 2025
1. This matter is taken up through hybrid mode.
2. Heard learned counsel appearing for the Parties.
3. This application has been filed seeking time to pay the deficit
court fee.
4. Learned counsel for the Appellant contended that deficit court fee
has already been paid in the meantime.
5. In view of the same, while disposing the I.A., this Court directs
the Office to accept the deficit court fee.
6. I.A. accordingly stands disposed of.
(BIRAJA PRASANNA SATAPATHY)
Judge
1. Heard learned counsel appearing for the Parties.
2. Considering the grounds taken, delay in filing the appeal is
condoned.
3. I.A. accordingly stands disposed of.
(BIRAJA PRASANNA SATAPATHY)
Judge
1. This matter is taken up through hybrid mode.
2. Heard Mr. S. Roy, learned counsel appearing for the Appellant-
Company and Mr. P.K. Behera, learned counsel appearing for the
Claimants-Respondent Nos. 1 to 5.
3. The present appeal has been filed by the Appellant-Company
challenging Judgment dtd.13.08.2024 so passed by the learned 4th
MACT, Baripada in MAC Case No. 83 of 2023. Vide the said
Judgment the Tribunal assessed the compensation at Rs.26,54,550/-
along with interest @ 6% per annum payable from the date of filing
of the claim application till its realization.
4. In support of the appeal learned counsel appearing for the
Appellant-Company contended that the Tribunal while awarding the
compensation wrongly held the monthly income of the deceased
basing on the pay slip, which was exhibited with objection. It is also
contended that the Tribunal while calculating the compensation,
committed wrong in not deducting towards Mess Deduction (AMT)
and professional tax from the gross pay of the deceased. It is also
contended that the Tribunal erred in awarding Rs.2,64,000/- towards
spousal, parental and filial consortium and Rs.33,000/- towards
general damages instead of Rs.70,000/-, which is not sustainable in
the eye of law in view of the decision in the case of Sri Ram
General Insurance Co. Ltd. Vs. Bhagat Singh Rawat & Ors.
reported in 2023 (2) TAC-713. It is accordingly contended that the
impugned award needs interference of this Court.
4.1. Making all these submissions learned counsel appearing for the
Appellant-Company contended that had the Tribunal properly
appreciated the aforesaid contention so raised by the Appellant, the
compensation amount so awarded should have been assessed on the
lower side.
5. Even though Mr. P.K. Behera, learned counsel appearing for the
Claimants-Respondents supported the impugned award, but in
course of hearing contended that Claimants-Respondents will have
no grievance, if the compensation amount will be reduced to
Rs.23,00,000/- along with interest @ 6% per annum payable from
the date of filing of the claim application till its realization.
6. Mr. Roy, 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 appearing for the Parties and
considering the submissions made, this Court while interfering with
the impugned Judgment dtd.13.08.2024, held the Claimants-
Respondents entitled to get compensation amount of Rs.23,00,000/-
along with interest @ 6% per annum, payable from the date of filing
of the claim application till its realization. This Court accordingly
while holding so, directs the Appellant-Company to deposit
compensation amount of Rs.23,00,000/- 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 proportionately in favour of the Claimants-
Respondents in terms of the Judgment passed on 13.08.2024.
7.1. 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.23,00,000/- shall carry interest @ 7% per annum for the period
starting from the expiry of the period of eight (8) weeks till its
payment.
7.2. On such deposit of the amount, the Appellant-Company shall be
permitted to take back the statutory deposit along with accrued
interest if any from the Registry on proper identification.
8. The appeal is accordingly disposed of.
(BIRAJA PRASANNA SATAPATHY)
Judge
Sneha
Location: High Court of Orissa, Cuttack
