The Divisional Manager vs Puspalata Rout And Others
2023 Latest Caselaw 1970 Ori

                   IN THE HIGH COURT OF ORISSA AT CUTTACK
                                FAO No.36 of 2022
            The Divisional Manager, M/s.New         ....          Appellant
            India Assurance Company Ltd.
                                               Mr. S. Satapathy, Advocate
                                      -versus-
            Puspalata Rout and others               ....       Respondents
                        Mr. B.N. Rath, Advocate for Respondent Nos.1 to 4
                       CORAM:
                       JUSTICE B. P. ROUTRAY
                                    ORDER

06.03.2023 Order No.

03. 1. Heard Mr. S. Satapathy, learned counsel for the Appellant-

Insurance Company and Mr. B.N. Rath, learned counsel for Respondent Nos.1 to 4-claimants.

2. Present appeal by the insurer is directed against the judgment and award dated 27.10.2021 passed in E.C. Case No.101-D/2015 by the Commissioner for Employee's Compensation-cum-Joint Labour Commissioner, Cuttack wherein compensation to the tune of Rs.12,10,923/- 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.OR-05-Q-6407 belonging to Respondent No.5.

3. Upon hearing both parties and considering all such grounds of challenge advanced, a reduced compensation of Rs.10,00,000/- (Rupees Ten Lakhs) consolidated is proposed to the parties in course of hearing. Mr. B.N. Rath, learned counsel for the claimants-Respondent Nos.1 to 4 agrees to the same and Mr. S.

Satapathy, learned counsel for Appellant-Insurance Company leaves it to the discretion of the Court. The compensation amount is accordingly fixed to that extent.

4. Since the entire award amount has been deposited before the learned Commissioner, out of the said amount, a sum of Rs.10,00,000/- along with proportionate accrued interest be disbursed in favour of the claimants-Respondent Nos.1 to 4 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.

5. With aforesaid modification of the award, 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