Orissa High Court
Jugal Charan Sahu vs Jagadish Pr. Mohanty & on 12 March, 2025
Author: Biraja Prasanna Satapathy
Bench: Biraja Prasanna Satapathy
IN THE HIGH COURT OF ORISSA AT CUTTACK
MACA No.807 of 2019
Jugal Charan Sahu ... Appellant
Mr. B.P. Mohanty, Advocate
-versus-
Jagadish Pr. Mohanty & ... Respondents
Another
Mr. B.B. Mishra, Advocate for R.2
CORAM:
JUSTICE BIRAJA PRASANNA SATAPATHY
ORDER
12.03.2025
Order No.
06. 1. This matter is taken up through Hybrid
Arrangement (Virtual/Physical Mode).
2. Heard Mr. B.P. Mohanty, learned counsel
appearing for the Appellant-Claimant and Mr. B.B.
Mishra, learned counsel appearing for the Respondent
No. 2-Company.
3. The present appeal has been filed by the
Appellant-Claimant seeking enhancement of the
compensation so awarded by the learned 3rd MACT,
Puri vide Judgment dtd.06.09.2019 in MACT Case
No.8/113 of 1998/1996. Vide the said Judgment the
Tribunal assessed the compensation at Rs.20,000/-
payable from the date of filing of the claim application
till its realization, but without awarding any interest
thereon.
4. In support of the enhancement, learned
counsel appearing for the Appellant-Claimant
contended that while assessing the compensation, no
compensation has been awarded towards future
prospect as well as interest as due and admissible.
4.1. It is accordingly contended that had the
Tribunal awarded the compensation towards future
prospect, 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.20,000/- consolidated, ends of justice will be met.
5. Mr. B.B. Mishra, 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.20,000/- 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.20,000/- consolidated.
While holding so, this Court directs Respondent No. 2-
Company to deposit the aforesaid compensation
amount of Rs.20,000/- consolidated before the
Tribunal 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 Appellant-Claimant in full on proper
identification.
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 compensation amount of
Rs.20,000/- consolidated will carry interest @ 6% per
annum payable for the period starting from the expiry
of the period of eight (8) weeks till the amount is so
deposited.
7. The appeal is accordingly disposed of.
(Biraja Prasanna Satapathy)
Judge
amit
Location: HIGH COURT OF ORISSA, CUTTACK
