The Divisional Manager vs Itwari Sahu And Others
2022 Latest Caselaw 2215 Ori

                    IN THE HIGH COURT OF ORISSA AT CUTTACK
                                  FAO No.64 of 2022
            The Divisional Manager, M/s.Oriental ....             Appellant
            Insurance Company Ltd.
                                                 Mr. A.A. Khan, Advocate
                                       -versus-
            Itwari Sahu and others                   ....      Respondents
                        Mr. D. Patnaik, Advocate for Respondent Nos.1 & 2

                        CORAM:
                        JUSTICE B. P. ROUTRAY

                                      ORDER

12.04.2022 Order No.

01. 1. Heard Mr. A.A. Khan, learned counsel for the Appellant-

Insurance Company and Mr. D. Patnaik, learned counsel for the Respondent Nos.1 & 2-claimants.

2. Present appeal by the insurer is directed against the judgment and award dated 28.12.2021 passed in E.C. Case No.71-D/2019 by the Commissioner for Employee's Compensation-cum-Joint Labour Commissioner, Cuttack wherein compensation to the tune of Rs.11,88,764/- has been granted to the claimants-Respondent Nos.1 & 2 on account of death of the deceased in course of and arising out of the employment while serving as driver in the Truck bearing Registration No.CG-07-BK-7359.

3. Having heard both the parties and considering the grounds advanced, a reduced compensation of Rs.8,20,000/- (Rupees Eight Lakhs Twenty Thousand) consolidated is proposed to the

parties in course of hearing. Mr. D. Patnaik, learned counsel for the claimants-Respondent Nos.1 & 2 agrees to the same and Mr. A.A. Khan, learned counsel for Appellant-Insurance Company leaves it to the discretion of the Court. The compensation amount is accordingly fixed to that extent.

4. Since the entire award amount has been deposited before the learned Commissioner, out of the said amount, a sum of Rs.8,20,000/- along with proportionate accrued interest be disbursed in favour of the claimants-Respondent Nos.1 & 2 within a period of eight weeks from today and the balance amount along with proportionate accrued interest thereon shall be refunded to the Appellant-Insurance Company within the same period on proper application.

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

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

( B.P. Routray) Judge

B.K. Barik