Oriental Insurance vs Raghunath Samal &
2025 Latest Caselaw 662 Ori

Orissa High Court

Oriental Insurance vs Raghunath Samal & on 15 May, 2025

Author: Biraja Prasanna Satapathy

Bench: Biraja Prasanna Satapathy

            IN THE HIGH COURT OF ORISSA AT CUTTACK

                          MACA No.607 of 2020

        Oriental Insurance                 ....                    Appellant
        Company Ltd.,                                     Mr. P.K. Mohanty,
                                                                   Advocate


                                        -versus-
        Raghunath Samal &                  ....                  Respondents
        Others                                          Mr. P.K. Mishra, Adv.
                                                             (Res. Nos.1 & 2)


                             CORAM:
                 JUSTICE BIRAJA PRASANNA SATAPATHY

                                       ORDER

15.05.2025

Order No. I.A. No.1330 of 2025

19. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode.

2. Heard learned counsel appearing for the Parties.

3. This application has been filed seeking modification of order dt.25.04.2025.

4. It is contended that while disposing the matter on 25.04.2025, learned counsel appearing for the appellant- company never gave his concession for award of compensation amount of Rs.4,00,000/- consolidated. It is contended that since in absence of any such concession, the order has been passed, the same be recalled.

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5. Considering the grounds taken, the order dt.25.04.2025 passed in MACA No.607 of 2020 is hereby recalled and a fresh order is passed.

6. The I.A stands disposed of.

(Biraja Prasanna Satapathy) Judge

20. MACA NO.607 of 2020

1. This matter is taken up through hybrid mode.

2. Heard Mr. P.K. Mohanty, learned counsel appearing for the Appellant-Company and Mr. P.K. Mishra, learned counsel appearing for the Respondent Nos.1 & 2-Claimants.

3. The present appeal has been filed by the Appellant- Company challenging the compensation so awarded by the learned 3rd MACT, Bhubaneswar vide Judgment dtd.26.08.2019 in MAC Case No.19/141 of 2012-11. Vide the said Judgment the Tribunal assessed the compensation at Rs.10,78,000/- along with interest @ 7% 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 seeking compensation on the death of the deceased, wife of the

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deceased filed MAC Case No.22 of 2011 in the Court of learned District Judge-cum-1st MACT, Phulbani and the said claim case was disposed of by the Tribunal vide order dated 31.07.2014 by awarding compensation amount of Rs.4.68 lakhs along with interest @ 6% per annum payable from the date of application till its realization.

4.1. It is contended that the award passed in MAC Case No.22 of 2011 was duly satisfied by the appellant- company. However, the parents filed another claim application in MAC Case No.141 of 2011 in the Court of learned 3rd MACT, Bhubaneswar, which was disposed of vide the impugned judgment date 26.08.2019, with award of compensation of Rs.10,78,000/- along with interest @ 7% per annum payable from the date of application till its realization.

4.2. It is vehemently contended that since seeking grant of compensation for the death of the deceased, the wife filed MAC Case No.22 of 2011 without impleading the parents as the claimants and as the said award has already been satisfied by the company, the present award passed in favour of the claimants- parents is not entertainable and no such award could have been passed. It is accordingly contended that the impugned award be set aside.

5. Mr. Mishra, learned counsel appearing for the claimants-respondents contended that since knowing

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fully well that the claim application filed by the present claimants-respondents is pending, the company satisfied the other award, the company is also liable to satisfy the present award. It is however contended that since the appellant has satisfied the other award panel in MAC No.22 of 2011, the claimant-Respondent Nos.1 & 2 will have no grievance if this Court allows compensation to the tune of Rs.4,00,000/- consolidated.

6. Having heard learned counsel appearing for the parties and considering the submission made, this Court is of the view that by the time the earlier award was satisfied by the appellant-company, the appellant had the knowledge about the pendency of the present claim application by the claimants-Respondents No.1 &

2. On the face of such knowledge, when the appellant satisfied the other award, where the claimant/Respondent Nos.1 & 2 were not party to the claim, the appellant is liable to pay the compensation in favour of the Claimant-Respondent Nos.1 & 2. However considering the submission of the learned counsel appearing for the Claimant-Respondent No.1 & 2, this Court while interfering with the impugned award, held the Claimant-Respondent No.1 & 2 entitled to get compensation amount of Rs.4,00,000/- consolidated.

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6.1. This Court accordingly directs the Appellant- Company to deposit compensation amount of Rs.4,00,000/- consolidated within a period of eight (8) weeks from the date of receipt of this order. On such deposit of the amount, the same be disbursed in favour of Respondent Nos.1 & 2 proportionately in terms of judgment dt.26.08.2019

6.2. 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.4,00,000/- consolidated will carry interest @6% per annum payable from the date of expiry of the period of eight (8 ) weeks till it is so deposited.

6.3. 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. accordingly disposed of.

(Biraja Prasanna Satapathy) Judge

Signed by: SANGITA PATRA sangita Reason: authentication of order Location: high court of orissa, cuttack Date: 05-Jun-2025 13:49:56