Orissa High Court
Indian Oil Corporation Ltd vs Kalyani Parida & Ors on 2 August, 2023
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Digitally Signed
Signed by: SANGRAM DAS
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 04-Aug-2023 12:06:37
IN THE HIGH COURT OF ORISSA AT CUTTACK
FAO No.354 of 2022
Indian Oil Corporation Ltd. .... Appellant
Mr.D.Mohanty, Advocate
-versus-
Kalyani Parida & Ors. .... Respondents
Mr.L.M.Nanda, Advocate
CORAM:
JUSTICE B. P. ROUTRAY
ORDER
02.08.2023
Order No.
07. 1. The matter is taken up through Hybrid mode.
2. Heard Mr. Mohanty, learned counsel for the Appellant
and Mr. Nanda, learned counsel for Respondents.
3. Present appeal by the employer is directed against
impugned judgment/award dated 1st August, 2022 passed by the
Commissioner for Employee's Compensation-Cum-Joint Labour
Commissioner, Cuttack in E.C. Case No. 418-D/2018, wherein
compensation to the tune of Rs.12,87,883/- has been granted on
account of death of the deceased in course of his employment as a
welder at the oil refinery.
4. Mr.Mohanty confines his submission for deduction of
Rs.7,50,000/- from total compensation amount as the same has
already been received by the Claimants after the accident and
death of deceased.
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Signed by: SANGRAM DAS
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 04-Aug-2023 12:06:37
5. As per submissions of Mr.Mohanty, learned counsel
for the Appellant, the employer has paid a sum of Rs.6,50,000/-
through cheque and cash of Rs.1,00,000/- to the Claimants as
dependants of the deceased immediately after the accident
towards compensation. The receipt of Rs.7,50,000/- by the
Claimants from the employer immediately after the accident is
not disputed by the Claimants. It is also observed by the learned
Commissioner in the impugned judgment that the employer has
already paid Rs.7,50,000/- including cash of Rs.1,00,000/- to the
family members of the deceased & receipt of which has been
acknowledged by Claimant No.2.
6. Thus, in view of such admission and undisputed fact
regarding payment of Rs.7,50,000/- to the Claimants by present
Appellant-employer immediately after the accident, in the interest
of justice, this Court finds apposite to deduct such amount from
total compensation amount directed by the Commissioner in the
impugned judgment.
7. Accordingly, the appeal is allowed to the above extent
and learned Commissioner is directed to release the rest amount
of Rs.5,37,883/- along with interest accrued thereon in favour of
the Claimants within a period of four weeks from the date of
receipt of this order and rest amount deposited by the Appellant
shall be refunded to them along with proportionate accrued
interest. The direction of the Commissioner for penal interest and
penalty is waived.
Signature Not Verified
Digitally Signed
Signed by: SANGRAM DAS
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 04-Aug-2023 12:06:37
8. Urgent certified copy of this order be granted on
proper application.
( B.P. Routray)
Judge
S.Das
