M/S.Oriental Insurance Co. Ltd vs Sk.Rahim Bux And Others
2021 Latest Caselaw 11856 Ori

                    IN THE HIGH COURT OF ORISSA AT CUTTACK

                                    FAO No.624 of 2020

            M/s.Oriental Insurance Co. Ltd.     ....        Appellant
                                         Mr.Adam Ali Khan, Advocate
                                    -versus-
            Sk.Rahim Bux and others             ....       Respondents
                                        Mr.Ajit Kumar Sahoo, Advocate

                        CORAM:
                        JUSTICE B. P. ROUTRAY


                                       ORDER

17.11.2021 Order No.

3. 1. Heard Mr.Khan, learned counsel for the Appellant and Mr.Sahoo, learned counsel for the claimants-Respondents.

2. The present appeal preferred by the Insurer is directed against grant of award of compensation of Rs.11,01,326/- in favour of the claimants by the learned Commissioner for Employee's Compensation-cum-Divisional Labour Commissioner, Cuttack in E.C.Case No.25-D/2015 on account of the death of the deceased on 9th October, 2014.

3. The deceased was admittedly serving as a helper in the offending truck. He was nineteen years old at the time of death and the parents have claimed compensation.

4. It is submitted by Shri Khan, learned counsel for the Appellant that monthly wages of the deceased was taken at Rs.6,000/- against the prescribed minimum wages of Rs.150/- per day on the date of accident. He further submits that the learned Commissioner for Employee's Compensation-cum-Divisional Labour Commissioner has applied wrong multiplicand to determine the afore-stated amount of compensation.

5. Upon hearing learned counsel for the Respondents and on perusal of the impugned judgment as well as considering the nature of job of the deceased as a helper of the truck, compensation amount is reduced to Rs.6,50,000/-(Six lakh fifty thousand) in total, to which both parties agree.

6. Accordingly, the Commissioner for Employee's Compensation-cum-Divisional Labour Commissioner, Cuttack is directed to disburse the afore-stated amount of Rs.6,50,000/- to the claimants-Respondents along with accrued interest thereof out of the total amount deposited before it by the Insurer-Appellant, and the balance amount with proportionate accrued interest thereof be refunded to the Insurer-Appellant.

7. With the above direction, the appeal is disposed of.

8. Urgent certified copy of this order be granted on proper application.

( B.P. Routray) Judge

C.R.Biswal