The Senior Divisional Manager vs Sebati Tudu And Others
2021 Latest Caselaw 12541 Ori

                     IN THE HIGH COURT OF ORISSA AT CUTTACK
                                   FAO No.218 of 2021
            The Senior Divisional Manager,             ....            Appellant
            M/s.New India Assurance Company
            Ltd.
                                                      Mr. N.B. Das, Advocate
                                         -versus-
            Sebati Tudu and others                  ....      Respondents
                      Mr. P.K. Mishra, Advocate for Respondent Nos.1 & 2

                        CORAM:
                        JUSTICE B. P. ROUTRAY
                                       ORDER

06.12.2021 Order No.

01. 1. Heard Mr. N.B. Das, learned counsel for the Appellant-

Insurance Company as well as Mr. P.K. Mishra, learned counsel for the claimants-Respondent Nos.1 & 2.

2. The present appeal filed by the insurer is directed against the judgment and award dated 04.08.2021 passed in E.C. Case No. 13-D/2017 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.11,91,542/-.

4. It is contended by Mr. Das, 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.7,50,000/- consolidated. Learned counsel for the claimants 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 compensation amount of Rs.7,50,000/- (rupees seven lakhs fifty thousand) to the claimants.

7. Since the entire award amount has been deposited before the learned Commissioner, out of the said amount, a sum of Rs.7,50,000/- along with proportionate accrued interest be disbursed in favour of the claimants 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