Page 1 of 3. IN THE HIGH COURT OF ORISSA AT CUTTACK MACA No.1109 of 2023 The Regional Manager, M/s. New India Assurance Co. Ltd. ..... Appellant Mr. N.B. Das, Advocate -versus- Tapan Kumar Swain & Ors. ..... Respondents Mr. P.K. Mishra, Advocate (Respondent Nos. 1 & 2) CORAM: THE HON'BLE MR. JUSTICE BIRAJA PRASANNA SATAPATHY ORDER 25.04.2025 Order No.03 I.A. No. 2110 of 2023 1. This matter is taken up through hybrid mode. 2. Heard. 3. Considering the grounds taken and the submission that only quantum is in dispute, this Court is inclined to condone the delay in filing the appeal 4. I.A. stands disposed of. (BIRAJA PRASANNA SATAPATHY) Judge 04. MACA No. 1109 of 2023 1. Heard Mr. N.B. Das, learned counsel appearing for the Appellant- Company and Mr. P.K. Mishra, learned counsel appearing for the Claimants-Respondent Nos. 1 & 2. 2. The present appeal has been filed by the Appellant-Company challenging Judgment dtd.26.07.2023 so passed by the learned 7th MACT, Bhubaneswar in MAC Case No. 214/2015. Vide the said Judgment the Tribunal assessed the compensation at Rs.10,17,200/- Page 2 of 3. along with interest @ 6% per annum payable from the date of filing of the claim application till its realization. 3. Learned counsel appearing for the Appellant-Company in support of the appeal contended that even though during the relevant point of time the minimum wages was Rs.144/- per day, but the Tribunal took the same at Rs.200/- per day, which is not sustainable in the eye of law. It is accordingly contended that had the Tribunal properly appreciated the income of the deceased, the compensation amount should have been awarded at lesser side. 4. Even though Mr. P.K. Mishra, learned counsel appearing for the Claimants-Respondent Nos. 1 & 2 supported the impugned award, but in course of hearing contended that Claimants-Respondents will have no grievance, if the compensation amount will be reduced to Rs.9,00,000/- along with interest @ 6% per annum payable from the date of filing of the claim application till its realization. 5. Mr. N.B. Das, learned counsel appearing for the Appellant- Company left the aforesaid proposition made by the learned counsel for the Claimants-Respondent Nos. 1 & 2 to the discretion of this Court. 6. Having heard learned counsel appearing for the Parties and considering the submissions made, this Court while interfering with the impugned judgment, is inclined to reduce the compensation amount to Rs.9,00,000/- along with interest @ 6% per annum payable from the date of filing the claim application till its realization. This Court accordingly while holding so, directs the Appellant-Company to deposit compensation amount of Rs.9,00,000/- along with interest @ 6% per annum payable from the date of filing of the claim Page 3 of 3. application till its realization 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 proportionately in favour of the Claimants-Respondent Nos. 1 & 2 proportionately in terms of the Judgment passed on 26.07.2023. 6.1. However, it is observed that if the amount as directed will not be deposited by the Appellant-Company within the aforesaid time period of eight (8) weeks, the compensation amount of Rs.9,00,000/- shall carry interest @ 7% per annum for the period starting from the expiry of the period of eight (8) weeks till its payment. 6.2. On such deposit of the amount, the Appellant-Company shall be permitted to take back the statutory deposit along with accrued interest if any from the Registry on proper identification. 7. The appeal is accordingly disposed of. (BIRAJA PRASANNA SATAPATHY) Judge Sneha