PRAVAT KU.MEKAP v. SANJAYA PATRA
Court: High Court of Orissa
Bench: MR. JUSTICE BIRAJA PRASANNA SATAPATHY
Judgment date:
Case summary
High Court of Orissa judgment dated 2024-12-19. PRAVAT KU.MEKAP v. SANJAYA PATRA. Read the judgment and case details on LawSphereX.
Judgment text
IN THE HIGH COURT OF ORISSA AT CUTTACK MACA No. 448 of 2019 Pravat Ku. Mekap ..... Appellant Mr. P. K. Mishra, Advocate -versus- Sanjaya Patra & Anr. ..... Respondents Mr. G. P. Dutta, Advocate (Respondent No. 2) CORAM: THE HON'BLE MR. JUSTICE BIRAJA PRASANNA SATAPATHY ORDER 19. 12. 2024 Order No. 05 1. This matter is taken up through hybrid mode. 2. Heard Mr. P. K. Mishra, learned counsel appearing 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 th learned 7 MACT, Bhubaneswar vide Judgment dtd. 30. 03. 2019 in MAC Case No. 58 of 2016. 4. Learned counsel appearing for the Appellant-Claimant contended that on the face of the claim made to the tune of Rs. 12,10,000/-, the Tribunal without proper appreciation of the materials placed before it, only awarded compensation amount of Rs.
2,08,780/- along with interest @ 7% per annum payable from the date of filing of the claim application till its realization. 4. 1. It is contended that even though disability of the Injured was shown at 40% permanent, but while assessing the compensation, the Page 1 of 3. same has been wrongly taken at 10%. It is accordingly contended that had the Tribunal properly appreciated the disability so proposed, the compensation amount would have been on the higher side. 4. 2. However, in course of hearing learned counsel appearing for the Appellant-Claimant contended that if this Court will allow further compensation amount of Rs. 3,00,000/- 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. 3. 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 the Appellant-Claimant entitled to get further compensation amount of Rs. 3,00,000/- consolidated. While holding so, this Court directs Respondent No. 2-Company to deposit the aforesaid compensation amount of Rs. 3,00,000/- 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 in terms of the Judgment dtd. 30. 03. 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. 3,00,000/- consolidated will carry interest @ 6% per Page 2 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 Signature Not Verified Digitally Signed Signed by: SNEHANJALI PARIDA Designation: Sr. Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 23-Dec-2024 16:00:57 Page 3 of 3.
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