New India Assurance Company Ltd vs Debraj Barik And Another
2021 Latest Caselaw 12540 Ori

                     IN THE HIGH COURT OF ORISSA AT CUTTACK
                                   FAO No.212 of 2021
            New India Assurance Company Ltd.           ....          Appellant
                                                      Mr. M. Sinha, Advocate
                                         -versus-
            Debraj Barik and another               ....       Respondents
                            Mr. J. Mohanty, Advocate for Respondent No.1

                        CORAM:
                        JUSTICE B. P. ROUTRAY
                                       ORDER

06.12.2021 Order No.

01. 1. Heard Mr. M. Sinha, learned counsel for the Appellant-

Insurance Company as well as Mr. J. Mohanty, learned counsel for the claimant-Respondent No.1.

2. The present appeal filed by the insurer is directed against the judgment and award dated 28.07.2021 passed in E.C. Case No. 47-D/2018 by the Commissioner for Employee's Compensation- cum-Joint Labour Commissioner, Cuttack.

3. In the impugned award, learned Commissioner has directed for payment of compensation to the tune of Rs.12,35,177/-.

4. It is contended by Mr. M. Sinha, learned counsel for the Appellant-Insurance Company that the learned Commissioner while granting the compensation has wrongly assessed the monthly income of the deceased without considering the rate of minimum wages prescribed on the relevant date.

5. Having heard both the parties and upon perusal of the impugned judgment, the amount of compensation is reduced to Rs.8,25,000/- consolidated. Learned counsel for the claimant- Respondent No.1 agrees to the same.

6. Accordingly, the awarded amount is modified to the above extent that the Appellant-Insurance Company is directed to pay consolidated amount of compensation of Rs.8,25,000/- (rupees eight lakhs twenty-five thousand) to the claimant-Respondent No.1.

7. Since the entire award amount has been deposited before the learned Commissioner, out of the said amount, a sum of Rs.8,25,000/- along with proportionate accrued interest be disbursed in favour of the claimant-Respondent No.1 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.

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

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

( B.P. Routray) Judge

B.K. Barik