United India Insurance Co.Ltd. Vs Dinabandhu Bhatra

3. Considering the grounds taken, the delay in filing the appeal is condoned subject to payment of cost of Rs.500/- to be paid to Mr. P.K. Behera, learned counsel appearing for the claimant-respondent No.1 by 31^st December, 2024.

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4. The I.A is disposed of.

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(Biraja Prasanna Satapathy) Judge

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1

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MACA NO.661 OF 2016

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Order No.14 Dt.19.12.2024

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1. Heard Mr. M.C. Nayak, learned counsel appearing for the Appellant-Company and Mr.P.K. Behera, learned counsel appearing for the Claimant-Respondent No.1

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2. This appeal has been filed by the appellant-company challenging the award so passed by the learned Additional District Judge-cum-MACT, Jeypore vide judgment dt.02.02.2016 in MAC Case No.143 of 2012(T). Vide the said judgment, the Tribunal assessed the compensation at Rs.14,000/- along with interest @7.5% per annum payable from the date of filing of the claim application till its realisation.

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3. In support of the appeal, learned counsel for the Appellant-Company contended that while allowing the compensation, the Tribunal allowed interest @7.5% per annum which is on the higher side and it needs interference of this Court.

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4. Mr. P.K. Behera, learned counsel appearing for the claimant-respondent contended that with regard to award of interest, this Court can pass appropriate order. 5. Having heard learned counsel for the parties and considering the submission made, this Court while interfering with the impugned judgment is inclined to held the claimant-Respondent No.1 entitled to get

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2

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compensation so awarded, but however along with interest @6% per annum payable from the date of application till its realization and by confirming the right of recovery against Respondent No.2. While holding so, this Court directs the Appellant-Company to deposit the aforesaid compensation amount of Rs.14,000/- along with interest payable @ 6% per annum from the date of application till its realisation before the Tribunal within a period of six (6) weeks from the date of receipt of this order.

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6. It is observed that on such deposit of the amount, the Tribunal shall do well to disburse the same in favour of the Claimant-Respondent No.1 in terms of judgment dt.01.02.2016.

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6.1. It is further observed that if the AppellantCompany will fail to deposit the aforesaid compensation amount within the time stipulated here-in-above, the compensation amount of Rs.14,000/- shall carry interest @7% per annum payable from the date of expiry of the period of 6(six) weeks till it is so deposited.

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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.

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The M.A.C.A is accordingly disposed of .

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Signature Not Verified

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Digitally Signed Signed by: SANGITA PATRA Sangita Reason: authenticaiton of order Location: high court of orissa, cut tack Date: 23-Dec-2024 13:29:55

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(Biraja Prasanna Satapathy) Judge

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3

United India Insurance Co.Ltd. v. Dinabandhu Bhatra

Case brief

What is this about?

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United India Insurance Co.Ltd. v. Dinabandhu Bhatra

Case brief

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