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2025 DAILYLAW 34075 (ORI)

ASHOK RANJAN SAMAL v. SUKANT KUMAR JENA

MACA/374/2024 · 2025-07-17

Biraja Prasanna Satapathy

body2025

Judgment text

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Page 1 of 3. IN THE HIGH COURT OF ORISSA AT CUTTACK MACA No.374 of 2024 Ashok Ranjan Samal ..... Appellant Mr. K.C. Nayak, Adv. -versus- Sukant Kumar Jena & Another ..... Respondents Mr. A. Dash, Adv. (For Respondent no..2) CORAM: THE HON'BLE MR. JUSTICE BIRAJA PRASANNA SATAPATHY ORDER 17.07.2025 Order No.03 1.This matter is taken up through hybrid mode. 2.Heard learned counsel appearing for the parties. 3. The present appeal has been filed by the Appellant- Claimant seeking enhancement of the compensation so awarded by the learned 1st Addl. District Judge-cum-1st MACT, Cuttack dtd.13.03.2024 in M.A.C. Case No.243 of 2020. Vide the said judgment, learned Tribunal assessed the compensation at Rs.68,60,704/- along with interest @6% per annum from the date of filing of the claim application till its realisation. 4. In support of the enhancement, learned counsel appearing for the Appellant-Claimant contended that while awarding compensation amount of Rs.22,50,235/- towards future prospect, the Tribunal did not allow any interest. Placing reliance on the decision of the Apex Court in the case of Oriental Insurance Co. Ltd. Vs. Niru @Niharika & Page 2 of 3. Others, 2025 Live Law (SC) 693, it is contended that the claimant-appellant is entitled to get interest on such award towards future prospect. 5. However, in course of hearing learned counsel appearing for the Appellant-Claimant contended that if this Court will allow compensation to the tune of Rs.,6,00,000/- consolidated towards interest on future prospects, appellants-claimants will have no further grievance. 6. Learned counsel appearing for the Respondent No. 2- Company though supported the impugned award but to the submission made for award of compensation of Rs.6,00,000/- consolidated towards interest on future prospect by the learned counsel for Appellant-claimant, 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 while interfering with the impugned judgment is inclined to dispose of the appeal by holding the Appellant-Claimant entitled to get further compensation amount of Rs.6,00,000/- consolidated towards interest on future prospect. While holding so, this Court directs Respondent No. 2-Company to deposit the aforesaid compensation amount of Rs.6,00,000/- 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 Appellants-Claimants in terms of the Judgment dtd.13.03.2024. Page 3 of 3. 7.1. However, it is observed that if the amount as directed is not deposited within the aforesaid time period, the compensation amount of Rs.6,00,000/- 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. 7.2. The appeal accordingly stands disposed of. (Biraja Prasanna Satapathy) Judge sangita