Divisional Manager vs Gitanjali Sahoo And Others
2021 Latest Caselaw 12426 Ori

                     IN THE HIGH COURT OF ORISSA AT CUTTACK
                                   FAO No.578 of 2020
            Divisional Manager, M/s.New India            ....         Appellant
            Assurance Company Ltd.
                                                    Mr. G.P. Dutta, Advocate
                                         -versus-
            Gitanjali Sahoo and others              ....      Respondents
                       Mr. B. Mohanty, Advocate for Respondent Nos.1 to 6
                        CORAM:
                        JUSTICE B. P. ROUTRAY
                                       ORDER

03.12.2021 Order No.

05. 1. Heard Mr. G.P. Dutta, learned counsel for the Appellant-

Insurance Company as well as Mr. B. Mohanty, learned counsel for the claimants-Respondent Nos.1 to 6.

2. The present appeal filed by the insurer is directed against the judgment and award dated 19.02.2020 passed in E.C.Case No. 58D/2017 by the Commissioner for Employee's Compensation- cum-Divisional Labour Commissioner, Cuttack.

3. In the impugned award, learned Commissioner has directed for payment of compensation to the tune of Rs.5,98,680/- along with interest @12%.

4. It is contended by Mr. G.P. Dutta, learned counsel for the Appellant-Insurance Company that since the deceased was murdered, it cannot be said that the death is due to accident arising out of or in course of employment.

5. Having perused the impugned judgment, it reveals that the deceased was working as the driver of the Tanker bearing Registration No.OR-Y-2838 on 5th January, 2017 and the incident occurred while the deceased was spraying water on the road while discharging his duty under the employer. So notwithstanding the fact that he was killed by an anti-social, his death has to be treated arising out of and in course of the employment. In this regard, the decision of the Supreme Court rendered in Smt. Rita Devi and others vs- New India Assurance Co. Ltd. and another, AIR 2000 SC 1930 is relevant to record. Thus no infirmity is seen in the said finding of the learned Commissioner.

6. However regarding quantum, the monthly income of the deceased has been assessed at Rs.8000/- and applying the prescribed formula the total compensation has been determined at Rs.5,98,680/-.

7. Considering the submissions raised on behalf of the Appellant that no definite proof of salary of the deceased has been established through documentary evidence, the total compensation amount is reduced to Rs.5,80,000/- consolidated. Learned counsel for the claimant-Respondent agrees to the same.

8. Accordingly, the awarded amount is modified to the above extent that the Appellant-Insurance Company is directed to pay compensation of Rs.5,80,000/- (rupees five lakhs eighty thousand) consolidated to the claimants-Respondent Nos.1 to 6.

10. Since the entire awarded amount has been deposited before the learned Commissioner, out of the said amount, a sum of Rs.5,80,000/- along with proportionate accrued interest be disbursed in favour of the claimants-Respondent Nos.1 to 6 within a period of eight weeks from today and the balance amount along with accrued interest thereon shall be refunded to the Appellant-Insurance Company within the same period on proper application.

9. With the aforesaid modification of the award, the FAO is disposed of.

10. An urgent certified copy of this order be granted on proper application.

( B.P. Routray) Judge

B.K. Barik