Regional Manager (T.P. Hub) vs Mamata Biswal And Others
2022 Latest Caselaw 7500 Ori

                     IN THE HIGH COURT OF ORISSA AT CUTTACK
                                 FAO No.274 of 2022
             Regional Manager (T.P. Hub),             ....          Appellant
             M/s.Oriental Insurance Co.Ltd.
                                                  Mr. P.K. Mahali, Advocate
                                         -versus-
             Mamata Biswal and others                 ....      Respondents
                        Mr. D. Pattnaik, Advocate for Respondent Nos.1 to 5
                       CORAM:
                       JUSTICE B. P. ROUTRAY
                                      ORDER

16.12.2022 Order No. I.A. No.403 of 2022

04. 1. Heard Mr. P.K. Mahali, learned counsel for the Appellant-

Insurance Company and Mr. D. Patnaik, learned counsel for the Respondent Nos.1 to 5-claimants.

2. Upon hearing both the parties and considering the grounds mentioned in the petition, the delay in filing the appeal is condoned.

3. The I.A. is disposed of.

FAO No.274 of 2022

4. Present appeal by the insurer is directed against the judgment and award dated 26.04.2022 passed in E.C. Case No.32-J/2020 by the Commissioner for Employee's Compensation-cum-Joint Labour Commissioner, Cuttack wherein compensation to the tune of Rs.21,40,556/- including interest has been granted to the claimants-Respondent Nos.1 to 5 on account of death of the

deceased in course of and arising out of the employment as the operator in the worksite of Respondent No.6.

5. Upon hearing both the parties and considering the grounds of challenge advanced, a reduced compensation of Rs.15,60,000/- (Rupees Fifteen Lakhs Sixty Thousand) consolidated is proposed to the parties in course of hearing. Mr. D. Patnaik, learned counsel for the claimants-Respondent Nos.1 to 5 agrees to the same and Mr. P.K. Mahali, learned counsel for Appellant- Insurance Company leaves it to the discretion of the Court. The compensation amount is accordingly fixed to that extent.

6. Since the entire award amount has been deposited before the learned Commissioner, out of the said amount, a sum of Rs.15,60,000/- along with proportionate accrued interest be disbursed in favour of the claimants-Respondent Nos.1 to 5 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.

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

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

( B.P. Routray) Judge B.K. Barik