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2025 DAILYLAW 51133 (ORI)

GANESH SAHU v. SURYA NARAYAN SAHU

MACA/689/2019 · 2025-03-27

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.689 of 2019 Ganesh Sahu ..... Appellant Mr. P.K. Mishra, Advocate -versus- Surya Narayan Sahu & Anr. ..... Respondents Mr. G.P. Dutta, Advocate (Respondent No. 2) CORAM: THE HON'BLE MR. JUSTICE BIRAJA PRASANNA SATAPATHY ORDER 27.03.2025 Order No. 05 1. This matter is taken up through hybrid mode. 2. Heard Mr. P.K. Mishra, learned counsel for the Appellant- Claimant and Mr. G.P. Dutta, learned counsel appearing for the Respondent No. 2-Company. 3. The present appeal has been filed by the Appellant-Claimant seeking enhancement of the compensation so awarded by the learned 2nd MACT (Southern Division), Berhampur vide Judgment dtd.20.07.2019 in MAC Case No. 105 of 2018 (124/2017-GDC). 4. In support of the enhancement of the award, learned counsel appearing for the Appellant-Claimant produced before this Court the evidence of P.W. 1. The same be kept in record. 5. It is contended that on the face of the evidence laid by P.W. 1, compensation awarded towards loss of amenities should have been awarded appropriately. It is accordingly contended that had the Tribunal assessed the compensation towards loss of amenities Page 2 of 3. appropriately, the Appellant-Claimant would have been entitled to get further compensation amount along with interest on the higher side. 4.1. However, in course of hearing, learned counsel appearing for the Appellant-Claimant contended that if this Court will allow further compensation amount of Rs.1,00,000/- consolidated, ends of justice will be met. 5. 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.1,00,000/- consolidated by the learned counsel for Appellant, leave the same to the discretion of this Court. 6. 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.1,00,000/- consolidated. While holding so, this Court directs Respondent No. 2-Company to deposit the aforesaid compensation amount of Rs.1,00,000/- 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.20.07.2019. 6.1. However, it is observed that if the amount as directed is not deposited within the aforesaid time period, the compensation amount of Rs.1,00,000/- consolidated will carry interest @ 6% per Page 3 of 3. annum payable for the period starting from the expiry of the period of eight (8) weeks till the amount is so deposited. 7. The appeal is accordingly disposed of. (BIRAJA PRASANNA SATAPATHY) Judge Sneha