Manager (Legal) vs Lata Sahoo And Others
2023 Latest Caselaw 1523 Ori

                       IN THE HIGH COURT OF ORISSA AT CUTTACK
                                    FAO No.436 of 2022
             Manager (Legal), ICICI Lombard               ....         Appellant
             General Insurance Co. Ltd.
                                                        Mr. G.P.Dutta, Advocate
                                             -versus-
             Lata Sahoo and others                   ....      Respondents
                       Mr. P.K. Mishra, Advocate for Respondent Nos.1 to 4

                         CORAM:
                         JUSTICE B. P. ROUTRAY

                                           ORDER

17.02.2023 Order No. I.A. No.120 of 2023

01. 1. Heard Mr. G.P. Dutta, learned counsel for the Appellant and Mr. P.K. Mishra, learned counsel for the Respondent Nos.1 to 4.

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

3. The I.A. is disposed of.

FAO No.436 of 2022

4. Though this matter was listed under the heading "For Orders", but the same is taken up for final disposal on the request of parties.

5. Heard Mr. G.P. Dutta, learned counsel for the Appellant- Insurance Company and Mr. P.K. Mishra, learned counsel for the Respondent Nos.1 to 4-claimants.

6. Present appeal by the insurer is directed against the judgment and award dated 7.6.2022 passed in E.C. Case No.6/2020 by the Commissioner for Employee's Compensation-cum-Divisional Labour Commissioner, Nayagarh, Odisha, wherein compensation to the tune of Rs.10,87,607/- including interest has been granted to the claimants-Respondent Nos.1 to 4 on account of death of the deceased in course of and arising out of the employment as a driver in the Truck bearing Registration No.OD-35-A-8247 belonging to Respondent No.5.

7. Upon hearing both the parties and considering all such grounds of challenge advanced, a reduced compensation of Rs.8,52,600/- (Rupees Eight Lakhs Fifty-Two Thousand Six Hundred) consolidated is proposed to the parties in course of hearing. Mr. P.K. Mishra, learned counsel for the claimants-Respondent Nos.1 to 4 agrees to the same and Mr. G.P. Dutta, learned counsel for Appellant-Insurance Company leaves it to the discretion of the Court. The compensation amount is accordingly fixed to that extent.

8. It is submitted that the Appellant-Insurance Company has already deposited Rs.7,52,600/- before the learned Commissioner.

9. Therefore, the Appellant is directed to deposit a further consolidated amount of Rs.1,00,000/- before the learned Commissioner.

10. In the result, the appeal is disposed of with a direction to the Appellant-Insurance Company to deposit the balance consolidated amount of Rs.1,00,000/- within a period of four

weeks from today and thereafter entire amount including the earlier amount deposited before learned Commissioner along with accrued interest thereon be disbursed to the claimants-Respondent Nos.1 to 4 without further delay.

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

( B.P. Routray) Judge

B.K. Barik