M/S. ORIENTAL INSURANCE CO. LTD.,CUTTACK v. MAMATA ROUT
MACA/71/2025 · 2025-05-01
Biraja Prasanna Satapathy
body2025
DailyLaw.ai
[ 2025 DAILYLAW 7399 (ORI) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 7399 (ORI) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ORISSA AT CUTTACK MACA No.71 of 2025
M/s. Oriental Insurance Co., Ltd., Cuttack …. Appellant Mr. M. Sinha, Advocate
-versus-
Mamata Rout & Others …. Respondents Mr. B.B. Singh, Adv. (Respondent Nos.1 to 3)
CORAM:
THE HON’BLE MR.JUSTICE BIRAJA PRASANNA SATAPATHY
Order No.
ORDER 01.05.2025 I.A. No.164 of 2025
3.
1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode.
2. Perused the tracking report. Since notice has been duly served on Respondent No.4, notice against the said Respondent is treated as dropped.
3. Heard learned counsel appearing for the parties.
4. Considering the grounds taken in the I.A., the delay in filing of the appeal is condoned subject to payment of cost of Rs.1,000/- to be paid before the Orissa High Court Bar Association Welfare Fund by 07.05.2025.
5. Accordingly, the I.A. stands disposed of.
(Biraja Prasanna Satapathy)
Judge
MACA No.71 of 2025
04. 1. Heard learned counsel appearing for the Parties.
2. This appeal has been filed by the Appellant–Company
challenging the judgment dt.31.05.2024 so passed by the
learned MACT, Cuttack in MAC Case No.183 of 2015. Vide
the said Judgment, the Tribunal awarded compensation
at Rs.17,62,800/- along with interest @ 7 % per annum
payable from the date of filing of the claim application till its
realization.
3. In support of the appeal, it is contended that taking into account the number of the dependents and the death of the father of the deceased, the Tribunal should have deducted 1/3rd towards personal expenses in place of 1/4th. Because of such wrong committed by the Tribunal, the compensation was assessed at the higher side and it needs interference of this Court.
4. Even though
learned counsel for the claimants- respondents supported the impugned award, but in course of hearing contended that the claimants-respondents will be fully satisfied if this Court will reduce the compensation amount to Rs.16,50,000/- along with interest @ 6% per annum payable from the date of filing of the claim application till its realization.
5. Learned counsel appearing for the Appellant-company left the aforesaid proposition made by the learned counsel for the Claimants-respondents to the discretion of this Court.
6. Having heard learned counsel for the parties and considering the submission made, this Court while interfering with the impugned judgment is inclined reduce the compensation to Rs.16,50,000/-along with interest @ 6% per annum payable from the date of application till its realization. This Court accordingly directs the Appellant- Company to deposit compensation amount of Rs.16,50,000/- along with interest @ 6% per annum payable from the date of application till its realization within a period of eight (8) weeks from the date of receipt of this order.
6.1. It is observed that on such deposit of the amount, the Tribunal shall do well to disburse the same in favour of the Claimants-Respondents proportionately in terms of the
judgment dt.31.05.2024.
6.2. 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.16,50,000/- shall carry interest @ 7% per annum payable from the date of expiry of the period of 8 (eight) weeks till it is so deposited.
6.3. Statutory deposit along with accrued interest be refunded to the appellant on proper identification after satisfaction of the award.
7. The MACA accordingly stands disposed of.
(Biraja Prasanna Satapathy)
Judge
Subrat