The Chief Regional Manager vs Basanta Kumar Rout And Others
2023 Latest Caselaw 3167 Ori

                        IN THE HIGH COURT OF ORISSA AT CUTTACK

                                      FAO No.127 of 2023

                 The Chief Regional Manager, M/s.      ....          Appellant
                 Oriental Insurance Company Ltd.
                                             Mrs. Rimjhimbala Pati, Advocate
                                           -versus-
                 Basanta Kumar Rout and Others           ....       Respondents
                                Mr. R.C. Behera, counsel for Respondents 1 & 2

                           CORAM:
                           SHRI JUSTICE B. P. ROUTRAY
                                         ORDER

11.04.2023 Order No.

02. 1. The matter is taken up through hybrid mode.

2. Heard Mrs. Pati, learned counsel for the Insurer-Appellant and Mr. R.C. Behera, learned counsel for claimant-Respondents.

3. Present appeal by the Insurer is directed against impugned judgment dated 3rd January, 2023 of learned Commissioner for Employee's Compensation-cum-Divisional Labour Commissioner, Headquarters, Bhubaneswar passed in E.C. Case No.118/2011, wherein compensation to the tune of Rs.20,85,095/- (including interest) has been granted on account of death of deceased Sangram Keshari Rout arising out of and in course of his employment as driver of the Maruti 800 car bearing registration number OR-05D-0686.

4. Having heard both parties and considering all such grounds of challenge advanced, a reduced compensation of Rs.16,00,000/- consolidated is proposed to the parties in course of hearing. This is agreed by Mr. Behera, learned counsel for the claimant-Respondents

and Ms. Pati, learned counsel for the Insurer leaves it to the discretion of the Court. Accordingly, the amount is fixed to the said extent.

5. Since the entire award amount has been deposited before the learned Commissioner out of the same a reduced compensation of Rs.16,00,000/-(sixteen lakhs) consolidated along with accrued interest thereof be disbursed in favour of the claimant- Respondents within a period of two months from today. The balance amount with proportionate accrued interest thereof shall be refunded to the Insurer- Appellant. However, the direction for payment of default interest @ 12% as well as penal interest is waived.

6. The appeal is accordingly disposed of.

( B.P. Routray) Judge

M.K. Panda