M/S. Legal Manager (Tp Cell) vs Samita Behera & Ors
2023 Latest Caselaw 15740 Ori

Orissa High Court

M/S. Legal Manager (Tp Cell) vs Samita Behera & Ors on 7 December, 2023

Author: B. P. Routray

Bench: B. P. Routray

Signature Not Verified
Digitally Signed
Signed by: SANGRAM DAS
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 11-Dec-2023 16:30:51




                                     IN THE HIGH COURT OF ORISSA AT CUTTACK

                                                        FAO No.399 of 2022

                                 M/S. Legal Manager (TP Cell), The
                                 New India Assurance Co.Ltd.           ....          Appellant
                                                                Mr.Sayed Asif Ali, Advocate

                                                             -versus-

                                 Samita Behera & Ors.                      ....      Respondents
                                                                        Mr.D.Patnaik, Advocate

                                            CORAM:
                                            JUSTICE B. P. ROUTRAY

                                                           ORDER

07.12.2023 Order No.

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

2. Heard Mr.Ali, learned counsel for the Appellant and Mr.Patnaik, learned counsel for Respondents.

3. Present appeal by the Insurer is directed against impugned judgment/award dated 23rd June, 2022 passed by the Commissioner for Employee's Compensation-Cum-Divisional Labour Commissioner, Jagatsinghpur in E.C. Case No.06 of 2019, wherein compensation to the tune of Rs.14,15,740/- has been granted on account of death of the deceased in course of his employment as a driver of the Truck bearing registration No.OD- 05-AY-0608.

4. Having heard both parties and considering all such grounds of challenge advanced, a reduced compensation of Rs.11,00,000/- consolidated is proposed to the parties in course of

Location: High Court of Orissa, Cuttack

hearing. The same is agreed by Mr.Patnaik, learned counsel for the claimant. Mr.Ali, learned counsel for the Insurer leaves it to the discretion of the Court. Accordingly, the amount is reduced to said extent.

5. Since the entire award amount has been deposited before the Commissioner for Employee's Compensation-Cum- Divisional Labour Commissioner, Jagatsinghpur, the Commissioner is directed to disburse the reduced consolidated amount of Rs. 11,00,000/-(Eleven lakhs) with proportionate accrued interest thereof in favour of the claimant 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

S.Das