The Divisional Manager vs Siba Pradhan And Others
2023 Latest Caselaw 5860 Ori

                    IN THE HIGH COURT OF ORISSA AT CUTTACK
                              FAO No.181 of 2023
            The Divisional Manager, M/s. Oriental
            Insurance Co. Ltd.                      ....         Appellant
                                   Mr. Santosh Kumar Mohanty, Advocate
                                      -versus-
            Siba Pradhan and Others                 ....       Respondents
                            Mr. K.C. Nayak, counsel for Respondents 1 & 2

                         CORAM:
                         SHRI JUSTICE B. P. ROUTRAY
                                     ORDER

12.5.2023 Order No.

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

2. Heard Mr. S.K. Mohanty, learned counsel for the insurer - Appellant and Mr. K.C. Nayak, learned counsel for claimant - Respondents.

3. Present appeal by the insurer is directed against impugned judgment dated 7th February, 2023 of learned Commissioner for Employee's Compensation-cum-Divisional Labour Commissioner, Dhenkanal passed in E.C. Case No.10 of 2020, wherein compensation to the tune of Rs.15,59,850/- (including interest) has been granted on account of death of deceased Kabi Pradhan arising out of and in course of his employment as driver in the truck bearing registration number OD-05-S-3126.

4. Upon hearing both parties and considering all such grounds of challenge advanced, a consolidated sum of Rs.14,25,000/- is proposed to the parties. This is agreed by Mr. Nayak, learned counsel for the claimant - Respondents and Mr. Mohanty, learned counsel for the insurer leaves it to the discretion of the court. Accordingly the compensation amount is fixed to said extent.

5. Since the entire compensation amount has already been deposited before learned Commissioner, out of the same a consolidated sum of Rs.14,25,000/- (fourteen lakhs twenty-five thousand) along with accrued interest thereof be disbursed in favour of the claimant - Respondents within a period of two months from today. The rest amount along with proportionate accrued interest be refunded to the insurer - Appellant.

6. The appeal is disposed of accordingly.

7. An urgent certified copy of this order be issued as per rules.

                                                                                  ( B.P. Routray)
                                                                                       Judge
     M.K.Panda


                 Digitally signed by
MANAS       MANAS KUMAR PANDA
KUMAR PANDA Date: 2023.05.12
            16:12:18 +05'30'