IN THE HIGH COURT OF ORISSA AT CUTTACK MACA No.392 of 2021 Sr. Divisional Manager, M United India Insurance Co. Co. Ltd. …. Appellant Mr. P.K. Mohanty, Advocate -versus- Dhuli Nayak & Others …. Respondents Mr. B.S. Mishra, Adv. (for Res. Nos.1 to 4) CORAM: THE HON’BLE MR.JUSTICE BIRAJA PRASANNA SATAPATHY Order No. ORDER 06.03.2025 1. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode. 2. Heard learned counsel appearing for the parties. 3. This appeal has been filed by the Appellant–Company challenging Judgment dtd.27.02.2020 so passed by the learned 1st MACT, Puri in MAC Case No.348 of 2021. Vide the said Judgment, the Tribunal allowed the compensation at Rs.6,00,000/- along with interest @ 7% per annum payable from the date of filing of the claim application till its realization. 4. In support of the appeal, learned counsel for the appellant company contended that since the claimants-Respondents never deposed as P.Ws basing on the evidence given by the P.Ws 1 & 2, who are not the claimants, no such award should have been passed. 4.1. It is also contended that in absence of any relevant documents, monthly income of the deceased was taken at Rs.5,000/- and accordingly compensation was awarded at Rs.6,00,000/-along with interest 7% per annum which is also on the higher side. It is accordingly contended that the impugned award needs interference of this Court. 5. Placing reliance on the stand taken in the cross-appeal, learned counsel appearing for the claimants-respondents contended that the deceased was having qualification of I.T.I pass and such certificate along with other certificates were was exhibited vide Ext. 6/1 to Ext.6/3. Since the deceased was an ITI student, minimum wages prescribed for a skilled labourer should have been taken as the daily income of the deceased and at the relevant point of time, the minimum wages for the such skilled workers was prescribed at Rs.116/-. It is further contended that while awarding the compensation, no compensation was awarded towards future prospect which should have been @ 40% taking into account the age of deceased. It is accordingly contended that if the monthly income of the deceased will be taken as that of a skilled labourer with award of compensation for future prospect, the compensation amount will be assessed at Rs.5,96,000/-. However, with regard to interest @7% per annum, learned counsel for the claimants-respondents contended that this Court can pass appropriate order. 6. Having heard learned counsel for the parties and Considering the submission made, this Court while is not inclined to interfere with the award of compensation at Rs.6,00,000/-, but inclined to interfere with the rate of interest allowed @ 7% p.a. Accordingly, this Court while confirming the award of compensation at Rs.6,00,000/- is inclined to reduce the rate of interest to 6% per annum, payable from the date of application till its realization. While holding so, this Court directs the Appellant-Company to deposit the aforesaid compensation amount along with interest @6% p.a. payable from the date of application till its realisation 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 Claimant- Respondents proportionately in terms of the Judgment dt. 27.02.2020. 6.1. It is further observed that if the Appellant-Company will fail to deposit the compensation amount within the time stipulated here-in-above, the compensation amount of Rs.6,00,000/- shall carry interest @7% per annum payable from the date of expiry of the period of 8 (eight) weeks till it is so deposited. 6.2. It is observed that only after deposit of the amount as directed, Appellant-Company shall be permitted to take refund of the statutory deposit along with accrued interest, if any, on proper identification. The MACA accordingly stands disposed of. (Biraja Prasanna Satapathy) Judge Sangita