Sr. Divisional Manager vs Prasanta Samal And Another
2022 Latest Caselaw 2676 Ori

                    IN THE HIGH COURT OF ORISSA AT CUTTACK

                                  FAO No.124 of 2017

            Sr. Divisional Manager, National            ....        Appellant
            Insurance Co. Ltd.
                                                    Mr.P.K.Mahali, Advocate

                                         -versus-

            Prasanta Samal and another           ....       Respondents
                             Mr.B.N.Rath, Advocate for Respondent No.1

                        CORAM:
                        JUSTICE B. P. ROUTRAY
                                      ORDER

18.5.2022 Order No.

8. 1. Heard Mr.Mahali, learned counsel for the Appellant and Mr.Rath, learned Advocate for Respondent No.1.

2. Present appeal by the Insurer is directed against impugned judgment/award dated 30th December, 2016 passed by the Commissioner for Employee's Compensation-Cum-Asst. Labour Commissioner, Odisha, Bhubaneswar in E.C.Case No.19 of 2013, 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 labourer in the truck bearing Registration No.OR-06-6255.

3. Having heard both parties and considering the grounds of challenge advanced, a reduced compensation of Rs.2,90,000/- consolidated is proposed to the parties in course of hearing. The same is agreed by Mr.Rath, learned counsel for the claimant- Respondent No.1. Mr.Mahali, learned counsel for the Insurer-

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

4. As prayed by Mr.Rath, the cross-objection filed by claimant-Respondent No.1 is not pressed.

5. Since the entire award amount has been deposited before the Commissioner for Employee's Compensation-Cum- Asst. Labour Commissioner, Odisha, Bhubaneswar, the Commissioner is directed to disburse the modified consolidated amount of Rs.2,90,000/- (two lakhs ninety thousand) with proportionate interest accrued thereof in favour of the claimant 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

C.R.Biswal