The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK MACA No.802 of 2024 D.M.,M/s. Oriental Insurance Co. Ltd., Cuttack ..... Appellant Mr.P.K. Mahali, Advocate Rashmi Rekha Swain & Others -versus- ..... Respondents Mr. D. Patnaik, Adv. (for Respondent No.1) CORAM: THE HON’BLE MR. JUSTICE BIRAJA PRASANNA SATAPATHY ORDER 24.09.2024 Order No.01 I.A. No.1705 of 2024 1. This matter is taken up through Hybrid Mode. 2. Heard learned counsel appearing for the appellant. 3. This is an application seeking time to make the statutory deposit.
Legal Reasoning
4. Learned counsel for the appellant contended Since Statutory deposit has already been made, the prayer in that regard has become infructuous.
Decision
5. The I.A is accordingly disposed of. Page 1 of 6. (Biraja Prasanna Satapathy) Judge I.A. No.1706 of 2024 1. Heard learned counsel appearing for the Parties. 2. This is an application seeking extension of time to pay the deficit court fee. 3. Learned counsel for the Appellant contended that deficit court fee has already been paid on 23.09.2024. 4. In view of the same, while directing the Office to accept the same, this Court is inclined to dispose of the I.A.. 5. Accordingly, I.A. is disposed of. (Biraja Prasanna Satapathy) Judge I.A. No.1782 of 2024 1. Heard. 2. Since the only dispute is with regard to quantum of the compensation, considering the grounds taken, this Court is inclined to condone the delay, 3. Accordingly, I.A. is disposed of. (Biraja Prasanna Satapathy) Judge Page 2 of 6. MACA No.802 of 2024 1. Heard Mr. P.K. Mahali, learned counsel appearing for the Appellant-Company and Mr.D. Patnaik, learned counsel appearing for the Claimant-Respondent No.1. 2. The present appeal has been filed by the Appellant- company challenging the judgment dt.03.08.2023 so passed by the learned 3rd Additional District Judge- cum-4th M.A.C.T, Cuttack vide in MAC No.610 of 2019. Vide the said judgment the Tribunal awarded compensation amount at Rs.13,58,350/- along with interest @ 6% per annum payable from the date of filing of the claim application till its realizatioin and awarded default interest @12% per annum, if the compensation so assessed is not deposited within a period of two months. 3. Mr. P.K. Mahali, learned counsel for the appellant- company contended that though the accident occurred on 18.04.2019 but the seizure was made after 83 days of the alleged incident i.e. on 10.07.2019. It is also contended that the story made in F.I.R contradicts the evidence laid by the father of the deceased which proves contributory negligence on the part of the deceased in the alleged accident. 3.1. It is further contended by the learned counsel for the Appellant-Company that even though in absence of any documentary evidence in support of the monthly income of the deceased, learned Tribunal wrongly held income of Page 3 of 6. the deceased at Rs.8,589/- per month as per the minimum wages prescribed for an un-skilled labour. The Tribunal in absence of any document should have taken the notional income of the deceased at Rs.5,000/- per month. 3.2. Learned counsel for the Appellant-Company further contended that while assessing the compensation as above, age of the deceased was wrongly taken at 40 years instead of 44 years and thereby applying multiplier ‘15’ in place of ‘14’. 3.3. It is contended that had the Tribunal appreciated the aforesaid contentions so raised by the Appellant- Company, the compensation so assessed would have been calculated at a lower side than awarded vide the impugned judgment. Not only that the Tribunal allowed default interest @ 12% per annum which is not permissible. It is accordingly contended that the impugned judgment is liable for interference, so far as award of compensation as well as waiving of default interest is concerned. 4. Even though Mr. D. Pattanaik, 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 award compensation to the tune of Rs.11,20,000/- with interest payable @6% per annum from the date of filing of the claim application till its realization. Page 4 of 6. With regard to award of 12% default interest, learned counsel appearing for the Claimant-Respondent No.1 contended that this Court can pass appropriate order in that regard. 5. 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. 6. Having heard learned counsel for the parties and considering the submission made, this Court while waiving out the default interest levied @12% per annum, is inclined to held the Claimant-Respondent No.1 entitled to get compensation amount of Rs.11,20,000/- along with interest payable @6% per annum from the date of application till its realisation. While holding so, this Court directs the Appellant- Company to deposit the compensation amount of Rs.11,20,000/- along with interest @6% payable from the date of filing of the claim application till its realisation within a period of eight (8) weeks from the date of receipt of this order. 6.1. 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 by way of a cheque to be deposited by the Appellant-company in favour of Claimant-Respondent No.1 on proper identification. Page 5 of 6. 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.11,20,000/- shall carry interest @7% per annum payable from the date of expiry of the period of 8 (eight) weeks till it is so deposited. 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 is accordingly disposed of. (Biraja Prasanna Satapathy) Judge Sangita Signature Not Verified Digitally Signed Signed by: SANGITA PATRA Reason: authentication of order Location: high court of orissa, cuttack Date: 05-Oct-2024 18:26:33 Page 6 of 6.