Vedanta Limited vs Bishnu Charan Nayak And Others
2023 Latest Caselaw 4909 Ori

                    IN THE HIGH COURT OF ORISSA AT CUTTACK
                                  FAO No.197 of 2019
            Vedanta Limited                          ....           Appellant
                                                    Mr. T. Mishra, Advocate
                                      -versus-
            Bishnu Charan Nayak and others         ....      Respondents
                     Mr. R.K. Biswal, Advocate for Respondent Nos.1 & 2
                        CORAM:
                        JUSTICE B. P. ROUTRAY
                                      ORDER

02.05.2023 Order No.

11. 1. Heard Mr. T. Mishra, learned counsel for the Appellant-

Insurance Company and Mr. R.K. Biswal, learned counsel for Respondent Nos.1 & 2-claimants.

2. Present appeal by the insurer is directed against the judgment and award dated 19.02.2019 passed in E.C. Case No.523D/2015 by the Commissioner for Employee's Compensation-cum- Divisional Labour Commissioner, Cuttack wherein compensation to the tune of Rs.18,58,692/- including interest has been granted to the claimants-Respondent Nos.1 & 2 on account of death of the deceased in course of and arising out of the employment as a Cast Operator under Respondent No.3.

3. Upon hearing both parties and considering all such grounds of challenge advanced, a reduced compensation of Rs.8,00,000/- (Rupees Eight Lakhs) consolidated is proposed to the parties in course of hearing. Mr. R.K. Biswal, learned counsel for the claimants-Respondents No.1 & 2 agrees to the same and Mr. T.

Mishra, 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.8,00,000/- along with proportionate accrued interest be disbursed in favour of the claimants-Respondent Nos.1 & 2 within a period of eight weeks from today and the balance amount along with proportionate accrued interest thereon shall be refunded to the Appellant 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

Digitally signed by BASANTA B.K. Barik BASANTA KUMAR BARIK KUMAR BARIK Date: 2023.05.03 19:06:03 +05'30'