DIVISIONAL MANAGER M/S. NEW INDIA ASSURANCE CO.LTD.,CUTTACK v. SASMITA PARIDA
MACA/1156/2024 · 2025-03-10
Biraja Prasanna Satapathy
body2025
DailyLaw.ai
[ 2025 DAILYLAW 60982 (ORI) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 60982 (ORI) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ORISSA AT CUTTACK MACA No.1156 of 2024
Divisional Manager, M/s. New India Assurance Co. Ltd., Cuttack …. Appellant Mr. S. Roy, Advocate
-versus-
Sasmita Parida & Others …. Respondents Mr. S.C. Swain, Adv. (for Res. Nos.1 to 5)
CORAM:
THE HON’BLE MR.JUSTICE BIRAJA PRASANNA SATAPATHY
Order No.
ORDER 07.04.2025 I.A. NO.806 of 2025
4.
1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode.
2. Heard learned counsel appearing for the parties.
3. This is an application seeking modification of order dt.10.03.2025.
4. Learned counsel appearing for the claimants-respondents contended that the Tribunal while disposing the matter since held the claimants-respondents not entitled to get interest on the compensation amount awarded towards future prospect to the tune of Rs.10,85,199/-, challenging the same, the claimants-appellants had approached this Court by filing MACA No.1297 of 2024.
5. It is contended that this Court while taking up both the appeals on 10.03.2025 since reduced the compensation amount to Rs.37,70,000/- along with interest @6% per annum payable from the date of application till its realization
and accordingly MACA No.1297 of 2024 was not pressed, the
order passed by the Tribunal that the claimants are not eligible to get any interest on the amount of compensation towards future prospect was required to be waived out. But while disposing the matter, this Court in para 7 of the order has held that claimants- appellant are not entitled to get interest on the compensation amount of Rs.10,85,199/-. It is accordingly contended that, the said part of the order be modified by holding the claimants-respondents entitled to get interest on the reduced compensation amount of Rs.37,70,000/- in full.
6. Mr. Roy, learned counsel appearing for the appellant- company on the other hand contended that since the Tribunal while disposing the matter, held the claimants respondents not entitled to get compensation on the amount of compensation allowed towards future prospect to the tune of Rs.10,85,199/-,because of the reduction of the compensation amount to Rs.37,70,000/-, the amount of compensation towards future prospect now come down to Rs. 9,67,248/-. It is accordingly contended that in place of Rs.10,85,199/-, the claimants respondents be held not entitled to get interest on Rs.9,67,248/-
7. Having heard learned counsel for the parties and considering the submission made, this Court is of the view that since the compensation amount was reduced to Rs.37,70,000/- and challenging award of no interest on the amount of compensation allowed towards future prospects, the claimants respondents had approached this Court by filing MACA NO.1297 of 2024, which was disposed of as not pressed, this Couret while disposing the I.A held the
claimants-respondents entitled to get interest @6% per annum on the entire reduced compensation amount of Rs.37,70,000/- from the date of application till its realization
Order dt.10.03.2025 is modified accordingly.
8. Time for deposit of the compensation amount of Rs. 37,70,000/- along with interest @6% per annum payable from the date of application till its realization by the appellant is extended by another eight (8) weeks from today.
8.1. The I.A accordingly stands disposed of.
(Biraja Prasanna Satapathy)
Judge
Sangita