New India Assurance Co. Ltd vs Smt. Kumari Swain And Others
2023 Latest Caselaw 3672 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                                    FAO No.342 of 2015

             New India Assurance Co. Ltd.              ....        Appellant
                                                       Mr.S.S.Rao, Advocate


                                         -versus-


             Smt. Kumari Swain and others           ....      Respondents
                           Mr.P.K.Mishra, Advocate for Respondent No.3
                         Mr.B.N.Rath, Advocate for Respondent Nos. 1 & 2



                        CORAM:
                        JUSTICE B. P. ROUTRAY

                                      ORDER

18.4.2023

Order No.

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

2. Heard Mr.Rao, learned counsel for the Appellant and Mr.Mishra, learned counsel for Respondent No.3-Owner as well as Mr.Rath, learned counsel for the claimants-Respondents No.1 & 2.

3. Present appeal by the Insurer is directed against impugned judgment/award dated 30th April, 2015 passed by the Commissioner for Employees Compensation-Cum-Assistant Labour Commissioner, Berhampur in E.C. Case No.12 of 2012, wherein compensation to the tune of Rs.12,40,562/- has been granted along with interest on account of death of the deceased in

course of his employment as a helper-cum-cleaner of a Tanker bearing Registration No.OR-05Z-0017.

4. Mr. Rao submits that employee-employer relationship of the deceased with the owner is not established and secondly, compensation has been computed on higher side.

5. Respondent No.3-Owner admits before this Court regarding employment of the deceased in respect of the vehicle. Therefore all such contentions made before this Court on behalf of the Appellant, which are not supported either by evidence or with any material, are rejected.

6. With regard to the amount of compensation, upon hearing both parties and considering the grounds put forth in that respect, a consolidated sum of Rs.8,00,000/- is proposed to the parties in course of hearing. The same is agreed by Mr. Rath, learned counsel for the claimants-Respondents No.1 & 2 and Mr. Mishra, learned counsel for Respondent No.3-Owner. Mr. Rao, 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 Employees Compensation - Cum - Assistant Labour Commissioner, Berhampur, the Commissioner is directed to disburse the modified consolidated amount of Rs.8,00,000/-(Eight lakhs) 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