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2025 DAILYLAW 20175 (ORI)

MADAN MUNDA v. PRAKASH KUMAR PANI

MACA/102/2022 · 2025-07-24

Biraja Prasanna Satapathy

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Judgment text

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Page 1 of 3. IN THE HIGH COURT OF ORISSA AT CUTTACK MACA No.102 of 2022 Madan Munda ..... Appellant Mr. P.K. Mishra, Advocate -versus- Prakash Kumar Pani & Anr. ..... Respondents Mr. S. Satapathy, Advocate (Respondent No.2) CORAM: THE HON'BLE MR. JUSTICE BIRAJA PRASANNA SATAPATHY ORDER 24.07.2025 Order No.02 1. This matter is taken up through hybrid mode. 2. Heard. 3. Though the matter was listed under the heading of For Referral to the Special Mediation Drive- Mediation ‘For the Nation’, but in course of hearing it is contended that the matter can be dispose of basing on the available materials on record by enhancing the award. 4. The present appeal has been filed by the Appellant-Claimant seeking enhancement of the compensation so awarded by the learned District Judge-cum-1st MACT, Deogarh vide Judgment dtd.21.01.2022 in MAC Case No. 17 of 2017. Vide the said Judgment the Tribunal assessed the compensation at Rs.11,38,000/- along with interest @ 6% per annum payable from the date of filing of the claim application till its realization. 5. Learned counsel appearing for the Appellant-Claimant in support of the enhancement of the award, contended that the Tribunal while assessing the compensation, did not award any compensation towards Page 2 of 3. future prospect along with interest. It is accordingly contended that had the Tribunal properly assessed the compensation towards future prospect along with interest, the Appellant-Claimant would have been awarded compensation at the higher side. 5.1. However, in course of hearing learned counsel appearing for the Appellant-Claimant contended that if this Court will allow further compensation amount of Rs.5,00,000/- consolidated, ends of justice will be met. It is however contended that the award so passed has already been satisfied. 6. Mr. G.P. Dutta, learned counsel appearing for the Respondent No. 2-Company though supported the impugned award, but to the submission made for award of further compensation of Rs.5,00,000/- consolidated by the learned counsel for Appellant, leave the same to the discretion of this Court. 7. Having heard learned counsel appearing for the Parties and considering the submissions made, this Court is inclined to dispose of the appeal by holding that the Appellant-Claimant entitled to get further compensation amount of Rs.5,00,000/- consolidated. While holding so, this Court directs Respondent No. 2-Company to deposit the aforesaid compensation amount of Rs.5,00,000/- consolidated 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 Tribunal shall disburse the same in favour of the Appellant-Claimant proportionately in terms of the Judgment dtd.21.01.2022. 7.1. However, it is observed that if the amount as directed is not deposited within the aforesaid time period, the compensation amount Page 3 of 3. of Rs.5,00,000/- consolidated will carry interest @ 6% per annum payable for the period starting from the expiry of the period of eight (8) weeks till the amount is so deposited. 8. The appeal is accordingly disposed of. (BIRAJA PRASANNA SATAPATHY) Judge Sneha