The Divisional Manager vs Gobardhan Sahoo And Others
2023 Latest Caselaw 3036 Ori

                    IN THE HIGH COURT OF ORISSA AT CUTTACK
                                   FAO No.481 of 2022


            The Divisional Manager.                    ....          Appellant
            M/s.Oriental Insurance Company Ltd.
                                                         Mr.S.Roy, Advocate

                                         -versus-

            Gobardhan Sahoo and others            ....     Respondents
                     Mr.P.K.Mishra, Advocate for Respondent Nos.1 to 6

                         CORAM:
                         JUSTICE B. P. ROUTRAY

                                      ORDER

10.4.2023 Order No.

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

2. Heard Mr.Roy, learned counsel for the Insurer- Appellant and Mr.Mishra, learned Advocate for claimant- Respondent Nos.1 to 6.

3. Present appeal by the Insurer is directed against impugned judgment/award dated 29th October, 2022 passed by the Commissioner for Employee's Compensation-Cum-Joint Labour Commissioner, Angul & in-charge Divisional Labour Commissioner, Angul, in E.C.Case No.36 of 2019, wherein compensation to the tune of Rs.3,36,000/- has been granted along with interest on account of death of the deceased in course of his employment as a helper of a Truck bearing Registration No.OR- 05-R-8957.

4. Having heard both parties and considering all such grounds of challenge advanced, a modified compensation of Rs.5,35,000/- consolidated is proposed to the parties in course of hearing. The same is agreed by Mr.Mishra, learned counsel for the claimants-Respondent Nos.1 to 6. Mr.Roy, learned counsel for the Insurer leaves it to the discretion of the Court. Accordingly, the amount is fixed to said extent.

5. Since the entire award amount along with interest has been deposited before the Commissioner for Employee's Compensation-Cum-Joint Labour Commissioner, Angul & in- charge Divisional Labour Commissioner, Angul, the Commissioner is directed to disburse the modified consolidated amount of Rs.5,35,000/-(Five lakhs thirty five 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.

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