Orissa High Court
D.M vs Pratyusa Ranjan Sahu on 18 March, 2025
Author: Biraja Prasanna Satapathy
Bench: Biraja Prasanna Satapathy
IN THE HIGH COURT OF ORISSA AT CUTTACK
MACA No.894 of 2023
D.M., Oriental ..... Appellant
Insurance Co., Ltd. Ms. R. Pati, Advocate.
-versus-
Pratyusa Ranjan Sahu ..... Respondents
& Another Mr. R. Behera, Adv.
(for Respondent No.1)
CORAM:
THE HON'BLE MR. JUSTICE BIRAJA PRASANNA SATAPATHY
ORDER
18.03.2025
Order No.3
1. This matter is taken up through hybrid mode.
2 . Heard learned counsel for the parties.
3. This appeal has been filed by the appellant-company
challenging the compensation awarded by the learned
Addl. District Judge-cum-4th MACT, Angul vide judgment
dt.31.03.2023 in MAC Case No.135 of 2018. Vide the said
judgment, the Tribunal allowed compensation to the tune
of Rs.7,00,000/- along with interest @ 6% per annum,
payable from the date of application till its realisation
along with default interest @ 1 % in addition to the
interest awarded @ 6 % per annum.
4. Learned counsel for the Appellant-Company contended
that in absence of any documents being providing by the
claimant towards his medical bill, a sum of Rs.2,77,550/-
was awarded by the Tribunal wrongly.
4.1. It is also contended that default interest awarded in
addition to the awarded interest has been wrongly saddled.
5. Even though Mr. R. Behera, learned counsel for the
Claimant-Respondent No.1 supported the impugned
judgment, but in course of hearing contended that
claimant-Respondent No.1 will be fully satisfied, if this
Court will reduce the compensation to the tune of
Rs.5,00,000/- along with interest @6% per annum with
regard to award of default interest, it is contended that
this Court may pass appropriate order.
6. Learned counsel appearing for the Appellant-Company
to the aforesaid proposition so laid by the learned counsel
for the Claimant-Respondent No.1 leave it to the discretion
of this Court.
7. Having heard learned counsel for the parties and
considering the submission made, this Court while
interfering with the impugned judgment is inclined to
waive out the default interest levied @ 1% and reduce the
compensation to Rs.5,00,000/-along with interest so
awarded by the Tribunal. This Court accordingly directs
the Appellant-Company to deposit compensation amount
of Rs.5,00,000/- along with interest @ 6% per annum
payable from the date of application till its realisation
within a period of eight (8) weeks from the date of receipt
of this order.
7.1. It is observed that on such deposit of the amount, the
Tribunal shall do well to disburse the same in favour of
the Claimant-Respondent No.1 in terms of the judgement
passed on 31.03.2023
7.2. It is further observed that if the Appellant-Company
will fail to deposit the compensation amount within the
time stipulated here-in-above, the compensation amount
of Rs.5.00,000/- shall carry interest @7% per annum
payable from the date of expiry of the period of 8 (eight)
weeks till it is so deposited.
7.3. It is observed that only after deposit of the amount as
directed, Appellant-Company shall be permitted to take
refund of the statutory deposit along with accrued
interest, if any, on proper identification.
The M.A.C.A is accordingly disposed of.
(Biraja Prasanna Satapathy)
Judge
Subrat
Location: HIGH COURT OF ORISSA, CUTTACK
