The Manager (Legal) M/S.New India vs Santilata Baliarsingh And Others
2022 Latest Caselaw 2375 Ori

                    IN THE HIGH COURT OF ORISSA AT CUTTACK

                                  FAO No.327 of 2021

            The Manager (Legal) M/s.New India   ....        Appellant
            Assurance Co.Ltd.
                                          Mr.G.C.Samantray, Advocate

                                         -versus-

            Santilata Baliarsingh and others        ....      Respondents
                        Mr.P.K.Mishra, Advocate for Respondent Nos.1 to 5

                         CORAM:
                         JUSTICE B. P. ROUTRAY

                                      ORDER

26.4.2022 Order No.

3. 1. Heard Mr.Samantray, learned counsel for the Appellant and Mr.Mishra, learned Advocate for Respondent Nos.1 to 5.

2. Present appeal by the Insurer is directed against impugned judgment/award dated 22nd November, 2021 passed by the Commissioner for Employee's Compensation-Cum-Joint Labour Commissioner, Odisha, Bhubaneswar in E.C.Case No.4 of 2016, wherein compensation to the tune of Rs.6,52,280/- has been granted on account of death of the deceased in course of his employment as a helper in the truck bearing Registration No.OR- 13-B-5147.

3. Having heard both parties and considering the grounds of challenge advanced, a reduced compensation of Rs.6,10,000/- consolidated is proposed to the parties in course of hearing. The same is agreed by Mr.Mishra, learned counsel for the claimants- Respondent No.1 to 5. Mr.Samantray, learned counsel for the

Insurer-Appellant leaves it to the discretion of the Court. Accordingly, the amount is reduced to said extent.

4. Since the entire award amount has been deposited before the Commissioner for Employee's Compensation-Cum- Joint Labour Commissioner, Odisha, Bhubaneswar, the Commissioner is directed to disburse the modified consolidated amount of Rs.5,10,000/- (five lakhs ten thousand) with proportionate interest accrued thereof in favour of the claimants within a period of two months from today. The balance amount with proportionate accrued interest thereof shall be refunded to the Insurer-Appellant.

5. The appeal is accordingly disposed of.

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

( B.P. Routray) Judge

C.R.Biswal