Orissa High Court

Biswanath Choudhury vs Dillip Kumar Rout & Anr on 8 May, 2025

Author: Biraja Prasanna Satapathy

Bench: Biraja Prasanna Satapathy

     IN THE HIGH COURT OF ORISSA AT CUTTACK
                  MACA No.1311 of 2024
Biswanath Choudhury            .....   Appellant
                                                     Mr. P.K. Mishra, Advocate
                                -versus-
Dillip Kumar Rout & Anr.               .....              Respondents
                                                     Mr. G.P. Dutta, Advocate
                                                       (Respondent No. 2)

                    CORAM:
THE HON'BLE MR. JUSTICE BIRAJA PRASANNA SATAPATHY
                     ORDER

08.05.2025 Order No.04

1. This matter is taken up through hybrid mode.

2. Heard Mr. P.K. Mishra, learned counsel appearing for the Appellant-Claimant and Mr. G.P. Dutta, 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 District Judge-cum-1st MACT, Jagatsinghpur vide Judgment dtd.30.03.2024 in MAC Case No. 173 of 2019.

4. Learned counsel appearing for the Appellant-Claimant contended that the Tribunal without proper appreciation of the fact and materials placed before it, only awarded compensation amount of Rs.20,99,825/- along with interest @ 6% per annum payable from the date of filing of the claim application till its realization.

5. In support of the enhancement of the award, learned counsel appearing for the Appellant-Claimant contended that taking into account the nature of disability at 85% permanent, the same should

have been taken at 100% towards loss of income. But the Tribunal assessed the same wrongly at 85%. It is also contended that because of the disability, the Appellant-Claimant requires an attendant for his entire life and he is also deprived to get married. However, no compensation towards attendant charges for the entire life has been allowed nor any compensation has been allowed towards loss of marriage.

5.1. It is also contended that compensation allowed towards pain and suffering for the whole period of life and loss of comfort and amenities for future life has been assessed on the lower side at Rs.1,00,000/- each. It is accordingly contended that the compensation so assessed by the Tribunal needs a substantial enhancement.

4.2. However, in course of hearing learned counsel appearing for the Appellant-Claimant contended that if this Court will allow further compensation amount of Rs.15,00,000/- consolidated, ends of justice will be met.

5. Mr. G.P. Dutta, learned counsel appearing for the Respondent No. 2-Company though supported the impugned award and contended that the award has already been satisfied, but to the submission made for award of further compensation of Rs.15,00,000/- consolidated by the learned counsel for Appellant, left the same 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 dispose of the appeal by holding the Appellant-Claimant entitled to get further compensation amount of Rs.15,00,000/- consolidated. While holding

so, this Court directs Respondent No. 2-Company to deposit the aforesaid compensation amount of Rs.15,00,000/- 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 terms of the Judgment dtd.30.03.2024.

6.1. However, it is observed that if the amount as directed is not deposited within the aforesaid time period, the compensation amount of Rs.15,00,000/- 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 Sneha

Location: High Court of Orissa, Cuttack