Orissa High Court
Divisional Manager vs Jugal Kishore Naik on 28 October, 2025
Author: V. Narasingh
Bench: V. Narasingh
IN THE HIGH COURT OF ORISSA AT CUTTACK
MACA No. 903 of 2016
Divisional Manager, .... Appellant
Oriental Insurance Co.
Ltd.
Mr. G.P. Dutta, Advocate
-versus-
1. Jugal Kishore Naik .... Respondents
2. Trisuj Naik
3. Satyanjali Naik
4. Hiranya Sagadia
CORAM: JUSTICE V. NARASINGH
ORDER
28.10.2025
M.C. No.1859 of 2016 & MACA No.903 of 2016
Order No.
04. 1. The present MACA has been filed assailing the
award dated 19.04.2012 passed by the learned 1st
MACT, Keonjhar in M.A.C. No.92 of 2006 in which the
Appellant insurance Company was arrayed as
Opposite Party No.2, awarding compensation of
Rs.2,22,000/- with interest at the rate of 6% per
annum from the date of application, i.e. 06.05.2006,
on account of death of the wife of Respondent No.1
as well as mother of Respondent Nos.2 and 3.
2. This is an application under Section 5 of the
Limitation Act for condonation of delay of 4 years 23
days in filing the appeal.
3. Perused the recitals in the Misc. Case relating
to condonation of delay and heard the submissions of
the learned counsel for the Appellant in support
thereof.
4. No plausible explanation has been offered for
delay of 4 years 23 days, except referring to the
dictum of the Apex Court claiming that the expression
"sufficient cause" should receive liberal construction.
5. The grounds which occasioned the delay of
about 4 years 23 days is conspicuous by their
absence and the relevant paragraphs-3 to 5 of the
Misc. Case which is a testimony to the lackadaisical
approach in seeking condonation of delay of 4 years
23 days are extracted hereunder;
"3. That after receipt of the order, the same was
forwarded to the counsel for opinion and the
Counsel submitted his opinion on dtd: 14.06.2016
wherein he opined to prefer appeal.
4. That after receipt of the opinion, the
Divisional office prepared the note and after
obtaining necessary Administrative Sanction
forwarded the file to the Regional office for filing
appeal.
5. That the Regional office after receiving the
file processed it put up a note on dtd.01.07.2016
and after obtaining necessary Administrative
sanction from the competent Authority, forwarded
it to the Counsel for filing appeal."
6. On a conspectus of materials on record and
considering the submissions made, this Court is not
persuaded to hold that the grounds stated therein can
be treated as "sufficient cause" as enunciated by the
Apex Court in the case of Shivamma v. Karnataka
Housing Board, 2025 SCC OnLine SC 1969.
7. In such view of the matter, this Court is not
inclined to condone the delay in filing the appeal.
Accordingly, Misc. Case stands dismissed.
Consequentially, this Court desists from delving into
the merits of the memorandum of appeal.
Accordingly, the MACA stands dismissed on
the ground of limitation.
8. However, in the interest of justice keeping in
view the judgment of the Apex Court in the case of
National Insurance Co. Ltd. v. Keshav Bahadur,
(2004) 2 SCC 370 in the matter of award of default
interest, the stipulation in the operative portion of the
impugned award directing payment of default interest
@ 9% shall not be acted upon.
The Insurance Company shall be liable to pay
an amount of Rs.2,22,000/- with interest @6% from
the date of application, i.e., 06.05.2006, till deposit
of such amount with the Tribunal in seisin. The
apportionment of compensation shall be in terms of
the impugned award.
9. The statutory deposit along with accrued
interest be refunded to the Insurance Company as
per procedure, within a period of six weeks, subject
to the Insurance Company submitting proof of the
deposit of the amount before the tribunal in seisin.
(V. Narasingh)
Judge
Order No.
05. 1. This is an application for stay of further
proceeding in Execution Petition No.05 of 2023
arising out of MAC Case No.92 of 2006 in the file of
learned 1st MACT, Keonjhar.
2. By order of the even date, the MACA has been
dismissed inter alia on the ground of limitation.
3. During the course of hearing learned counsel
for the Appellant, Mr. Dutta, brought to the notice of
this Court that the Insurance Company is facing
imminent coercive action for institution of execution
proceeding on account of non-compliance with the
impugned award.
4. Taking into account the submission of the
learned counsel for the Insurance Company, Mr. Dutta,
that the awarded amount of Rs.2,22,000/- along with
accrued interest @6% will be deposited within a period
of 8 weeks hence, no order for execution of the award
shall be passed in the aforementioned execution
proceeding.
5. In the event the Appellant does not deposit the
same within the abovementioned timeline, it shall be
open for the learned Court in seisin to proceed in
accordance with law.
This order has been passed to arrest
multiplicity of litigation.
6. The I.A. is accordingly disposed of.
(V. Narasingh)
Judge
Santoshi
Location: High Court of Orissa, Cuttack
