The Manager(T.P.Cell) vs Chaturbhuja Sahoo And Others
2022 Latest Caselaw 6530 Ori

                     IN THE HIGH COURT OF ORISSA AT CUTTACK
                                   FAO No.396 of 2022

            The Manager(T.P.Cell),                      ....          Appellant
            M/s.New India Assurance Co. Ltd.
                                                      Mr.S.K.Ghose, Advocate

                                          -versus-

            Chaturbhuja Sahoo and others          ....     Respondents
                     Mr.P.K.Mishra, Advocate for Respondent Nos.1 & 2

                           CORAM:
                           JUSTICE B. P. ROUTRAY

                                       ORDER

14.11.2022 Order No. I.A.No.621 of 2022

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

2. Heard Mr.Khan, learned counsel for the Insurer-Appellant and Mr.S.K.Ghose, learned Advocate for claimant-Respondent Nos.1 & 2.

3. Since the award amount has been deposited, the I.A. is disposed of.

I.A.No.620 of 2022

4. Since no delay is reported by the S.R., the I.A. is disposed of. FAO No.396 of 2022

5. Present appeal by the Insurer is directed against impugned judgment/award dated 4th August, 2022 passed by the Commissioner for Employee's Compensation-Cum-Joint Labour Commissioner, Cuttack, in E.C.Case No.181-D/2019, wherein compensation to the tune of Rs.13,14,328/- has been granted on

account of death of the deceased in course of his employment as a Driver of a Truck bearing registration no.OR-04-N-5628.

6. Having heard both parties and considering the grounds of challenge advanced, a reduced compensation of Rs.11,60,000/- consolidated is proposed to the parties in course of hearing. The same is agreed by Mr.Mishra, learned counsel for the claimant- Respondent Nos.1 & 2. Mr.S.K.Ghose, learned counsel for the Insurer leaves it to the discretion of the Court. Accordingly, the amount is reduced to said extent.

7. 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.11,60,000/-(Elven lakhs sixty 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.

8. The appeal is accordingly disposed of.

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

( B.P. Routray) Judge

CRBiswal