Court allowed appeal to enhance compensation by Rs.50,000. Ordered Respondent No.2 to deposit amount within 8 weeks, which Tribunal shall disburse. Directed interest if deposit is delayed.
Grants further compensation of Rs.50,000/- consolidated; directs Respondent No.2 to deposit within 8 weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ORISSA AT CUTTACK
MACA No.119 of 2018
Sanjay Kumar Singhal ..... Appellant Mr. P.K. Behera, Advocate -versus- Hemalata Naik and Another ..... Respondents Mr. G.P. Dutta, Advocate for Respondent No.2 Mr. S.K. Pradhan, Advocate for Respondent No.1
CORAM: THE HON'BLE MR. JUSTICE BIRAJA PRASANNA SATAPATHY ORDER
07.12.2024
Order No. 06
Page 1 of 3.
with interest @ 6% per annum payable from the date of filing of the application till its realization.
4.1. It is also contended that the Tribunal while assessing the compensation never take into consideration the injury sustained by the injured and the expenses incurred towards medicine and other ancillary expenses. It is accordingly contended that had the Tribunal properly appreciated the stand of the Appellant, the compensation amount so awarded would have been on the higher side. It is accordingly contended that the impugned award requires interference with enhancement of the award.
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.50,000/- consolidated, ends of justice will be met. However, it is contended that since right of recovery has been allowed by the tribunal, the said right be also extended for the further compensation to be paid in terms of this order.
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get further compensation amount of Rs.50,000/- consolidated. While holding so, this Court directs Respondent No. 2-Company to deposit the aforesaid compensation amount of Rs.50,000/- consolidated before the Tribunal within a period of eight (8) weeks from the date of receipt of this order. This Court is also inclined to allow right of recovery as against Owner-Respondent in respect of the further compensation amount. On such deposit of the amount, the Tribunal shall disburse the same in favour of the Appellant-Claimant in full.
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.50,000/- consolidated will carry interest @ 6% per annum payable for the period starting from the expiry of the period of eight (8) weeks till the amount is so deposited.
6.2. It is also observed that if any such application is moved by the Appellant to recover the amount from the Owner-Respondent, the Tribunal shall do well to dispose of the application in accordance with law and by giving due opportunity of hearing to RespondentOwner.
(BIRAJA PRASANNA SATAPATHY) Judge
Basudev
Signature Not Verified
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Digitally Signed Signed by: BASUDEV SWAIN Designation: SR. STENO Reason: Authentication Location: High Court of Orissa, Cuttack Date: 11-Dec-2024 11:03:16
2 issues framed by the court
Whether the claimant is entitled to enhancement of compensation awarded by the Tribunal.
Whether the right of recovery against the owner-respondent should extend to the further compensation.
Sanjay Kumar Singhal
Hemalata Naik
Respondent No.2-Company
Biraja Prasantha Satapathy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
