Regional Manager vs Ratnamanjari Nayak And Another
2023 Latest Caselaw 10237 Ori

                                          IN THE HIGH COURT OF ORISSA AT CUTTACK
                                                    FAO No.121 of 2023
                               Regional Manager, M/s.Oriental            ....           Appellant
                               Insurance Co. Ltd.
                                                                     Mr. P.K. Mahali, Advocate
                                                        -versus-
                               Ratnamanjari Nayak and another        ....       Respondents
                                             Mr. P.K. Mishra, Advocate for Respondent No.1

                                            CORAM:
                                            JUSTICE B. P. ROUTRAY

                                                         ORDER

28.08.2023 Order No.

03. 1. Heard Mr. P.K. Mahali, learned counsel for the Appellant-

Insurance Company and Mr. P.K. Mishra, learned counsel for the Respondent No.1-claimant.

2. Present appeal by the insurer is directed against the judgment and award dated 18.01.2023 passed in E.C. Case No.02 of 2023 by the Commissioner for Employee's Compensation-cum-Joint Labour Commissioner, Angul, wherein compensation to the tune of Rs.10,16,640/- including interest has been granted to the claimant-Respondent No.1 on account of death of the deceased in course of and arising out of the employment as a driver in a Truck bearing Registration No.OR-19-F-6743 belonging to Respondent No.2.

3. It is seen that the claim application was filed on 2.1.2023 and the judgment was delivered on 18.1.2023 without granting

Signature Not Verified Digitally Signed Signed by: BASANTA KUMAR BARIK Reason: Authentication Location: High Court of Orissa, Cuttack Date: 30-Aug-2023 15:57:00 opportunity of hearing to the Respondents. This is the main contention of challenge advanced by the insurer.

4. Accordingly, the impugned award is set aside for violation of principles of natural justice and the matter is remitted back to the learned Commissioner for fresh adjudication after granting due opportunity of hearing to all the parties. Both the parties are directed to appear before the learned Commissioner on 11th September, 2023 along with a certified copy of this order and the learned Commissioner shall do well to dispose of the claim application within a period of six months from the date of appearance after granting due opportunity of hearing to both the parties.

5. The FAO is disposed of.

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

( B.P. Routray) Judge

B.K. Barik

Signature Not Verified

Digitally Signed Signed by: BASANTA KUMAR BARIK Reason: Authentication Location: High Court of Orissa, Cuttack Date: 30-Aug-2023 15:57:00