Page 1 of 4. IN THE HIGH COURT OF ORISSA AT CUTTACK MACA No.102 of 2023 Amaresh Rout ..... Appellant Mr. B. Mohanty, Advocate -versus- Subhransu Sekhar Senapati & Anr. ..... Respondents Mr. G.P. Dutta, Advocate (Respondent No. 2) CORAM: THE HON'BLE MR. JUSTICE BIRAJA PRASANNA SATAPATHY ORDER 20.02.2025 Order No. 05 I.A. No. 182 of 2023 1. This matter is taken up through hybrid mode. 2. Heard learned counsel appearing for the Parties. 3. Considering the grounds taken, delay in filing the appeal is condoned, subject to payment of cost of Rs.1,000/- to be paid before the Orissa High Court Bar Association Welfare Fund by tomorrow (21.02.2025). 4. I.A. stands disposed of. (BIRAJA PRASANNA SATAPATHY) Judge 06. MACA No. 102 of 2023 1. Heard Mr. B. Mohanty, learned counsel appearing for the Appellant and Mr. G.P. Dutta, learned counsel appearing for the Respondent No. 2-Company. Page 2 of 4. 2. The present appeal has been filed seeking enhancement of the award so passed by the District Judge-cum-1st MACT, Dhenkanal vide Judgment dtd.09.03.2022 in MAC Case No. 34 of 2018. 3. It is contended that while disposing the claim application with passing of the impugned judgment, the Tribunal committed wrong by holding the daily income of the deceased at Rs.200/- per day, even though considering the status of the Injured, minimum wages prescribed for skilled labourer should have been taken into consideration. It is contended that at the relevant point of time the minimum wages of skilled labourer was Rs.253.50p. 3.1. It is further contended that not only the monthly income of the deceased was calculated at a lesser rate but also no award was allowed towards future prospect, which was admissible to the extent of 40%. It is accordingly contended that had the Tribunal properly appreciated the monthly income of the Injured and awarded compensation towards future prospect, the Appellant-Claimant should have been entitled to get further compensation amount of Rs.4,38,000/- along with interest so awarded. 3.2. However, in course of hearing learned counsel appearing for the Appellant-Claimant contended that the Appellant will have no grievance if this Court will award further compensation amount of Rs.5,00,000/- consolidated. 4. Mr. G.P. Dutta, learned counsel appearing for the Respondent- Company on the other hand contended that the award passed has since been satisfied and after satisfaction of the award, the present appeal was filed seeking enhancement. It is accordingly contended that since after satisfaction of the award the present appeal has been Page 3 of 4. filed, no enhancement is permissible. But it is fairly contended that no compensation towards future prospect has been allowed by the Tribunal. 5. Having heard learned counsel appearing for the Parties and considering the submissions made, this Court finds that on the face of the evidence laid by the Claimant, the Tribunal should have taken the minimum wages prescribed for a skilled labourer while calculating the monthly income of the Injured-Appellant. Since it is not disputed that at the relevant point of time the daily wages of a skilled labourer was Rs.253.50p., this Court finds wrong on the part of the Tribunal in taking the same at Rs.200/- per day. This Court also finds that no compensation towards future prospect has been awarded. 5.1. However, considering the submission of the learned counsel for the Appellant that the Appellant will be satisfied if further compensation amount of Rs.5,00,000/- will be awarded, this Court while disposing the appeal, allows further compensation to the tune of Rs.5,00,000/- in favour of the Appellant-Claimant. While holding so, this Court directs the Respondent No. 2-Company to deposit aforesaid further compensation amount of Rs.5,00,000/- 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 same shall be disbursed in favour of the Claimant-Appellant in terms of the Judgment dtd.09.03.2022. 5.2. However, it is observed that if the amount as directed is not deposited within the aforesaid time period, the compensation amount of Rs.5,00,000/- consolidated will carry interest @ 6% per Page 4 of 4. annum payable for the period starting from the expiry of the period of eight (8) weeks till the amount is so deposited. 6. The appeal accordingly stands disposed of. (BIRAJA PRASANNA SATAPATHY) Judge Sneha