Manager Legal (T.P. Cell) vs Juli Devi & Ors
2023 Latest Caselaw 5549 Ori

                    IN THE HIGH COURT OF ORISSA AT CUTTACK
                                  FAO No.440 of 2022

            Manager Legal (T.P. Cell), The New         ....         Appellant
            India Assurance Co.Ltd.
                                                     Mr.G.P.Dutta, Advocate

                                         -versus-

            Juli Devi & Ors.                           ....     Respondents
                                                    Mr.J.Mohanty, Advocate

                        CORAM:
                        JUSTICE B. P. ROUTRAY

                                      ORDER

09.05.2023 Order No.

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

2. Heard Mr. Dutta, learned counsel for the Insurer- Appellant and Mr. Mohanty, learned counsel for Respondents.

3. Present appeal by the Insurer is directed against impugned judgment/award dated 29th August, 2022 passed by the Commissioner for Employee's Compensation-Cum-Joint Labour Commissioner, Cuttack in E.C. Case No. 79-D/2019, wherein compensation to the tune of Rs.13,74,425/- has been granted on account of death of the deceased in course of his employment as a driver of the Tankar bearing registration No.NL-02Q-0893.

4. Having heard both parties and considering all such grounds of challenge advanced, a reduced compensation of Rs.7,90,000/- consolidated is proposed to the parties in course of hearing. The same is agreed by Mr. Mohanty, learned counsel for claimant- Respondent No.1. Mr. Dutta, learned counsel for the Insurer

leaves it to the discretion of the Court. Accordingly, the amount is reduced to said extent.

5. Since the entire award amount has been deposited before the Commissioner for Employee's Compensation-Cum-Joint Labour Commissioner, Cuttack, the Commissioner is directed to disburse the reduced consolidated amount of Rs. 7,90,000/-(Seven lakhs ninety thousand) with proportionate accrued interest thereof in favour of the claimant 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 S.Das

Digitally signed by SANGRAM SANGRAM DAS DAS Date: 2023.05.10 13:17:43 +05'30'