Oriental Insurance Co. Ltd vs Sujata Behera And Others
2022 Latest Caselaw 4159 Ori

                    IN THE HIGH COURT OF ORISSA AT CUTTACK
                                   FAO No.223 of 2022

            Oriental Insurance Co. Ltd.                ....       Appellant
                                                        Mr.S.Roy, Advocate

                                          -versus-

            Sujata Behera and others               ....     Respondents
                           Mr.K.Das, Advocate for Respondent Nos.1 to 4

                        CORAM:
                        JUSTICE B. P. ROUTRAY

                                      ORDER

24.8.2022 Order No.

4. 1. The matter is taken up through Hybrid mode.

2. Heard Mr.Roy, learned counsel for the Insurer-Appellant and Mr.Das, learned Advocate for claimants-Respondent Nos.1 to 4.

3. Present appeal by the Insurer is directed against impugned judgment/award dated 10th March, 2022 passed by the Commissioner for Employee's Compensation-Cum-Divisional Labour Commissioner, Jagatsinghpur in E.C.Case No.41/2018, wherein compensation to the tune of Rs.11,76,280/- has been granted along with interest on account of death of the deceased in course of his employment as a driver of a truck bearing registration no.OR-02-AU-5775.

4. Having heard both parties and considering the grounds of challenge advanced, a reduced compensation of Rs.7,00,000/- consolidated is proposed to the parties in course of hearing. The same is agreed by Mr.Das, learned counsel for the claimants- Respondent Nos.1 to 4. Mr.Roy, learned counsel for the Insurer

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

5. Since the entire award amount has been deposited before the Commissioner for Employee's Compensation-Cum-Divisional Labour Commissioner, Jagatsinghpur, he is directed to disburse the modified consolidated amount of Rs.7,00,000/-(Seven lakhs thousand) with proportionate accrued interest 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.

6. The appeal is accordingly disposed of.

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

( B.P. Routray) Judge

CRBiswal