M.D. Toshali Sands vs Sugayan Kumar Mohapatra &
2025 Latest Caselaw 8085 Ori

Orissa High Court

M.D. Toshali Sands vs Sugayan Kumar Mohapatra & on 10 September, 2025

Author: Sanjeeb K Panigrahi

Bench: Sanjeeb K Panigrahi

                                                          Signature Not Verified
                                                          Digitally Signed
                                                          Signed by: BHABAGRAHI JHANKAR
                                                          Reason: Authentication
                                                          Location: ORISSA HIGH COURT, CUTTACK
                                                          Date: 16-Sep-2025 16:55:34




                IN THE HIGH COURT OF ORISSA AT CUTTACK
                              FAO No.455 of 2024

         M.D. Toshali Sands, Puri           ....              Appellant (s)
                                                    Mr.B.C. Pattnaik, Adv.
                                     -versus-

         Sugayan Kumar Mohapatra &         ....               Respondent (s)

Ors.

Mr. P. K. Mishra, Adv.

CORAM:

DR. JUSTICE SANJEEB K PANIGRAHI Order ORDER No. 10.09.2025

06. 1. This matter is taken up through hybrid arrangement.

2. Learned counsel for the parties are present. Judgment prepared

in separate sheets is delivered and pronounced in open Court in

the presence of learned counsel for the parties and the order is

passed accordingly as follows:-

3. In view of the discussion above, the appeal is partly allowed.

The impugned order dated 24.06.2024 of the Commissioner is

modified only to the extent that the appellant (principal

employer) is held liable to deposit the compensation amount of

₹7,90,726/- before the Commissioner for disbursal to the

claimant(s), but the appellant shall not be liable to pay the

interest under Section 4A(3). The component of interest @12% per

annum from 15.12.2022 till the date of actual payment shall be

recoverable from Respondent No.1 (contractor firm, Gatikrushna

Security and Services). It is made clear that the claimant

(respondent no.2) is entitled to receive such interest on the

Location: ORISSA HIGH COURT, CUTTACK

compensation amount, and if Respondent No.1 fails to deposit

the interest voluntarily, the claimant may take steps to execute

the Commissioner's order (as modified by this judgment) against

Respondent No.1 for the interest sum. The appellant's liability is

confined to the principal compensation amount, which it may

thereafter recover from Respondent No.1 as per Section 12(2).

4. In the result, with the above modification regarding interest

liability, the award of the Commissioner is upheld. Given the

facts and circumstances, there shall be no order as to costs in this

appeal.

5. Interim order, if any, passed earlier stands vacated.

( Dr. Sanjeeb K Panigrahi) Judge B.Jhankar