The Divisional Manager vs Kamala Das And Others
2023 Latest Caselaw 3916 Ori

                     IN THE HIGH COURT OF ORISSA AT CUTTACK
                                    FAO No.108 of 2023
             The Divisional Manager, M/s.New           ....         Appellant
             India Assurance Co. Ltd.
                                              Mr. G.C. Samantaray, Advocate
                                         -versus-
             Kamala Das and others                     ....      Respondents
                        Mr. D. Pattnaik, Advocate for Respondent Nos.1 to 3
                         CORAM:
                         JUSTICE B. P. ROUTRAY
                                           ORDER

20.04.2023 Order No. I.A. No.165 of 2023

01. 1. Heard Mr. G.C. Samantaray, learned counsel for the Appellant-

Insurance Company and Mr. D. Pattnaik, learned counsel for Respondent Nos.1 to 3-claimants.

2. Upon hearing both the parties and considering the grounds mentioned in the limitation petition, the delay in filing the appeal is condoned.

3. The I.A. is disposed of.

FAO No.108 of 2023

4. Present appeal by the insurer is directed against the judgment and award dated 25.8.2022 passed in E.C. Case No.49/2018 by the Commissioner for Employee's Compensation-cum-Divisional Labour Commissioner, Jagatsinghpur wherein compensation to the tune of Rs.13,26,080/- including interest has been granted to the claimants-Respondent Nos.1 to 3 on account of death of the

deceased in course of and arising out of his employment as helper in the Truck bearing Registration No.OD-05-K-7925 belonging to Respondent No.4.

5. Upon hearing both parties and considering all such grounds of challenge advanced, a reduced compensation of Rs.9,75,000/- (Rupees Nine Lakhs Seventy-Five Thousand) consolidated is proposed to the parties in course of hearing. Mr. D. Pattnaik, learned counsel for the claimants-Respondent Nos.1 to 3 agrees to the same and Mr. G.C. Samantatray, learned counsel for Appellant-Insurance Company leaves it to the discretion of the Court. The compensation amount is accordingly fixed to that extent.

6. Since the entire award amount has been deposited before the learned Commissioner, out of the said amount, a sum of Rs.9,75,000/- along with proportionate accrued interest be disbursed in favour of the claimants-Respondent Nos.1 to 3 within a period of eight weeks from today and the balance amount along with proportionate accrued interest thereon shall be refunded to the Appellant within the same period on proper application.

7. With aforesaid modification of the award, the FAO is disposed of.

8. An urgent certified copy of this order be granted on proper application.

( B.P. Routray) Judge B.K. Barik