Orissa High Court
The Manager vs Amarnath Pradhan & Ors on 10 July, 2025
Author: Biraja Prasanna Satapathy
Bench: Biraja Prasanna Satapathy
IN THE HIGH COURT OF ORISSA AT CUTTACK
MACA No.612 of 2023
The Manager, IFFCO Tokio ..... Appellant
G.I. Co. Ltd. Mr. G.P. Dutta, Advocate
-versus-
Amarnath Pradhan & Ors. ..... Respondents
Mr. B.B. Singh, Advocate
(Respondent No. 1)
Mr. P.K. Mishra, Advocate
(Respondent No. 2)
CORAM:
THE HON'BLE MR. JUSTICE BIRAJA PRASANNA SATAPATHY
ORDER
10.07.2025 Order No.10 I.A. No. 2770 of 2024
1. This matter is taken up through hybrid mode.
2. Heard learned counsel appearing for the Parties.
3. Considering the grounds taken, delay in filing the appeal is condoned.
4. I.A. stands disposed of.
(BIRAJA PRASANNA SATAPATHY) Judge 11. MACA No. 612 of 2023
1. Heard Mr. G.P. Dutta, learned counsel appearing for the Appellant- Company, Mr. B.B. Singh, learned counsel appearing for the Claimant-Respondent No. 1 and Mr. P.K. Mishra, learned counsel appearing for Respondent No. 2.
Page 1 of 4.2. The present appeal has been filed by the Appellant-Company challenging Judgment dtd.03.02.2023 so passed by the learned Addl. District Judge-cum-3rd MACT, Bhubaneswar in MAC Case No. 173 of 2010. Vide the said Judgment the Tribunal assessed the compensation at Rs.38,46,640/- along with interest @ 6% per annum payable from the date of filing of the claim application till its realization.
3. While assailing the award it is contended that the deceased since was travelling in the offending vehicle, registered in the name of M/s. Aurovilla Industries Private Limited and the deceased was neither a Director nor an employee of the Company on the date of accident, the deceased is not covered under the policy so taken by the Company in the name of the offending vehicle.
3.1. Since the deceased was travelling in the offending vehicle registered in the name of the Company and no premium having been paid by the Company for such type of occupant in the vehicle, the Appellant is not liable to pay the compensation. But the Tribunal without proper appreciation of the same, saddled the liability on the Appellant-Company while passing the impugned award.
3.2. Making all these submissions learned counsel appearing for the Appellant-Company contended that had the Tribunal properly appreciated the aforesaid contention so raised by the Appellant, the compensation amount so awarded would have been assessed on the lower side.
4. Mr. B.B. Singh, learned counsel appearing for the Claimant- Respondent No. 1 on the other hand contended that the grounds taken Page 2 of 4. in the appeal is no more sustainable in view of the decision passed by this Court on 19.06.2025 in MACA No. 975 of 2023. However, in course of hearing Mr. Singh, learned counsel contended that Claimant-Respondent No. 1 will have no grievance, if the compensation amount will be reduced to Rs.30,00,000/- along with interest @ 6% per annum payable from the date of filing of the claim application till its realization.
5. Mr. G.P. Dutta, learned counsel appearing for the Appellant- Company left the aforesaid proposition made by the learned counsel for the Claimant-Respondent No. 1 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 dtd.03.02.2023, held the Claimant- Respondent No. 1 entitled to get compensation amount of Rs.30,00,000/- along with interest @ 6% per annum, payable from the date of filing of the claim application till its realization. This Court accordingly while holding so, directs the Appellant-Company to deposit compensation amount of Rs.30,00,000/- along with interest @ 6% per annum payable from the date of filing of the claim 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 in full in favour of the Claimant- Respondent No. 1 in terms of the Judgment passed on 03.02.2023.
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.30,00,000/- shall Page 3 of 4. 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 Signature Not Verified Digitally Signed Signed by: SNEHANJALI PARIDA Reason: Authentication Location: High Court of Orissa, Cuttack Date: 11-Jul-2025 19:32:42 Page 4 of 4.