The Divisional Manager vs Thukuri Pradhan And Others
2022 Latest Caselaw 18 Ori

                        IN THE HIGH COURT OF ORISSA AT CUTTACK

                                       FAO No.146 of 2021

                 The Divisional Manager, M/s. United
                 India Insurance Co. Ltd.                    ....            Appellant
                                                    Mr. Mahitosh Sinha, Advocate
                                              -versus-
                 Thukuri Pradhan and Others                  ....          Respondents
                              Mr. Jitendra Mohanty, counsel for Respondents 1-5

                           CORAM:
                           SHRI JUSTICE B. P. ROUTRAY
                                           ORDER

03.01.2022 Order No.

I.A. No.262 of 2021

03. 1. In view of the office note the I.A. is disposed of.

FAO No.146 of 2021

04. 2. Heard Mr. M. Sinha, learned counsel for the Appellant and Mr. J. Mohanty, learned counsel for claimant-Respondents.

3. The present appeal by the insurer has been directed against the judgment dated 15th April, 2021 of the learned Commissioner for Employee's Compensation-cum-Joint Labour Commissioner, Cuttack in E.C. Case No.09-D of 2020.

4. In the impugned judgment, the learned Commissioner upon adjudicating the dispute has directed for grant of compensation to the tune of Rs.9,56,487/- on account of death of the deceased.

5. As per the case of the claimants the deceased was working as a labourer in the truck bearing registration No.OR 19 K 1709 and died

on 14th June, 2018 in course of the employment. The learned Commissioner while determining compensation has taken the monthly income of the deceased at Rs.7000/-.

6. It is submitted by Mr. Sinha that the monthly wages of the deceased cannot be taken more than Rs.6000/- keeping in view the nature of his employment as a labourer of the truck.

7. Having heard learned counsel for the claimant - Respondents and considering the nature of employment and without getting into further details on computation of compensation, the awarded amount is reduced to Rs.6,75,000/- consolidated, to which learned counsel for the Respondents agrees.

8. Since the entire awarded amount has been deposited before the learned Commissioner, out of the said amount, a sum of Rs.6,75,000/- (six lakh seventy-five thousand) along with proportionate interest accrued thereon be disbursed in favour of the claimant - Respondents and the balance amount along with interest accrued thereof shall be refunded to the Insurer - Appellant, without delay.

9. The appeal is accordingly disposed of.

10. An urgent certified copy of this order be issued as per rules.

( B.P. Routray) Judge M.K.Panda