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IN THE HIGH COURT OF ORISSA AT CUTTACK
B.P.ROUTRAY
Pabitra Naik – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. the court heard arguments from both parties. (Para 1 , 2) |
| 2. tribunal’s direction on interest calculation. (Para 3) |
| 3. interest on compensation starts from the date of the accident. (Para 4 , 5) |
| 4. court’s opinion on unreasonable fixed deposit requirement. (Para 6) |
| 5. final order on disbursement of compensation. (Para 7) |
JUDGMENT :
1. Heard Mr. Mishra, learned counsel for the claimant – Appellant and Ms. Nayak, learned CGC for Union of India.
3. It is submitted on behalf of the Petitioner that the Tribunal while granting interest at Para-17 of the impugned judgment has directed for payment of interest from the date of appearance of the Applicant’s Evidence (AE) i.e. 19th June 2026 till the date of actual payment.
“18. The learned Amicus has referred to judgments of this Court in Raman Iron Foundry [Union of India v. Raman Iron Foundry, (1974) 2 SCC 231, para 11] and Kesoram Industries [Kesoram Industries and Cotton Mills Ltd. v. CWT, (1966) 2 SCR 688, para 33 : AIR 1966 SC 1370] to submit that quantum of compensation applicable is to be as on the award of the Tribunal as the amount due is only on that day and not earlier. In Kesoram Industries [Kesoram Industries and Cot
Interest on compensation must accrue from the date of the accident, ensuring claimants receive the higher of two possible compensation amounts based on established legal principles.
Compensation liability arises on the accident date with interest payable from that date, ensuring fairness based on established legal principles.
Compensation for railway accidents is determined by the applicable rules at the time of the incident, with interest awarded from the date of accrual, not the date of the accident.
Claimants entitled to interest at 12% from the date of the accident under the Workmen’s Compensation Act, ensuring fairness and adherence to beneficial legislation.
Interest under Section 171 of the Motor Vehicles Act should be awarded from the date of filing of claim until payment, ensuring fair compensation for claimants delayed by legal processes.
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