Tata Aig General Insurance Co.Ltd vs Narakhari Jena And Others
2023 Latest Caselaw 2128 Ori

                    IN THE HIGH COURT OF ORISSA AT CUTTACK
                                  FAO No.314 of 2022


            TATA AIG General Insurance Co.Ltd.             ....        Appellant
                                                           Mr.J.R.Deo, Advocate

                                           -versus-

            Narakhari Jena and others             ....     Respondents
                          Mr.S.Dash, Advocate for Respondent Nos.1 to 3

                        CORAM:
                        JUSTICE B. P. ROUTRAY

                                       ORDER

14.03.2023 Order No.

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

2. Heard Mr.Deo, learned counsel for the Insurer-Appellant and Mr.Dash, learned Advocate for claimant-Respondent Nos.1 to 3.

3. Present appeal by the Insurer is directed against impugned judgment/award dated 17th June, 2022 passed by the Commissioner for Employee's Compensation, Bhubaneswar- Cum- Joint Divisional Labour Commissioner, (HQRS), Bhubaneswar in E.C.Case No.7 of 2020, wherein compensation to the tune of Rs.5,42,240/- has been granted along with interest on account of death of the deceased in course of his employment as a worker under Respondent No.4.

4. Having heard both parties and considering the grounds of challenge advanced, a reduced compensation of Rs.5,50,000/- consolidated is proposed to the parties in course of hearing. The same is agreed by Mr.Dash, learned counsel for the claimants-

Respondent Nos.1 to 3. Mr.Deo, learned counsel for the Insurer leaves it to the discretion of the Court. Accordingly, the amount is reduced to said extent.

5. Since entire award amount has been deposited before the Commissioner for Employee's Compensation, Bhubaneswar- Cum- Joint Divisional Labour Commissioner, (HQRS), Bhubaneswar, the Commissioner is directed to disburse the modified consolidated amount of Rs.5,50,000/-(Five lakhs fifty thousand) with proportionate accrued interest thereof in favour of the claimants 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

CRBiswal