The Divisional Manager vs Sujata Pattnaik And Others
2022 Latest Caselaw 3415 Ori

                     IN THE HIGH COURT OF ORISSA AT CUTTACK

                                     FAO No.172 of 2022

            The Divisional Manager,                       ....        Appellant
            M/s.National Insurance Co.Ltd.
                                                      Mr.N.B.Das, Advocate

                                           -versus-

            Sujata Pattnaik and others             ....      Respondents
                        Mr.K.C.Nayak, Advocate for Respondent Nos.1 to 3

                           CORAM:
                           JUSTICE B. P. ROUTRAY

                                        ORDER

22.7.2022 Order No.

2. I.A.No.376 of 2022

1. The matter is taken up through Hybrid mode.

2. Since no delay is there in view of stamp report, the I.A. is disposed of.

FAO No.172 of 2022

3. Heard Mr.Das, learned counsel for the Appellant and Mr.Nayak, learned Advocate for Respondent Nos.1 to 3.

4. Present appeal by the Insurer is directed against impugned judgment/award dated 11th January, 2022 passed by the Commissioner for Employee's Compensation-Cum-Joint Labour Commissioner, Cuttack in E.C.Case No.EC/00218/2020/CUTT, wherein compensation to the tune of Rs.13,18,125/- has been granted on account of death of the

deceased in course of his employment as a helper in the truck bearing Registration No.OD-31C-3075.

5. Having heard both parties and considering the grounds of challenge advanced, a reduced compensation of Rs.9,65,000/- consolidated is proposed to the parties in course of hearing. The same is agreed by Mr.Nayak, learned counsel for the claimant- Respondent Nos.1 to 3. Mr.Das, learned counsel for the Insurer- Appellant leaves it to the discretion of the Court. Accordingly, the amount is reduced to said extent.

6. Since the entire award amount has been deposited before the Commissioner for Employee's Compensation-Cum- Joint Labour Commissioner, Cuttack, the Commissioner is directed to disburse the modified consolidated amount of Rs.9,65,000/- (Nine lakhs sixty five 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.

7. The appeal is accordingly disposed of.

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

( B.P. Routray) Judge

C.R.Biswal