Chief Regional Manager vs Mira Sahoo And Another
2023 Latest Caselaw 1733 Ori

                     IN THE HIGH COURT OF ORISSA AT CUTTACK
                                 FAO No.346 of 2022
             Chief Regional Manager, M/s.New        ....          Appellant
             India Assurance Co. Ltd.
                                                 Mr. A.A. Khan, Advocate
                                       -versus-
             Mira Sahoo and another                 ....       Respondents
                            Mr. P.K. Mishra, Advocate for Respondent No.1
                       CORAM:
                       JUSTICE B. P. ROUTRAY
                                      ORDER

23.02.2023 Order No. I.A. No.644 of 2022

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

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.346 of 2022

4. Present appeal by the insurer is directed against judgment and award dated 20.6.2022 passed in E.C. Case No.147/2011 by the Commissioner for Employee's Compensation-cum-Joint Labour Commissioner, Odisha, Bhubaneswar, wherein compensation to the tune of Rs.19,77,159/- 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

workmen in an Auto bearing Registration No.OR-02-BM-6512 belonging to Respondent No.2.

5. Upon hearing both the parties and considering the grounds of challenge advanced, a reduced compensation of Rs.11,50,000/- (Rupees Eleven Lakhs Fifty Thousand) consolidated is proposed to the parties in course of hearing. Mr. P.K. Mishra, learned counsel for the claimant-Respondent No.1 agrees to the same and Mr. A.A. Khan, 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.11,50,000/- along with proportionate accrued interest be disbursed in favour of the claimant-Respondent No.1 within a period of eight weeks from today and the balance amount along with proportionate accrued interest thereon shall be refunded to the Appellant-Insurance Company 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