National Insurance Co. Ltd. vs Urmila Das And Others
2023 Latest Caselaw 14518 Ori

                        IN THE HIGH COURT OF ORISSA AT CUTTACK
                                  FAO No.148 of 2023
                 National Insurance Co. Ltd., through
                 its Manager, Legal Cell, Cantonment
                 Road, Cuttack                           ....          Appellant
                                                   Mr. R.R. Mohanty, Advocate
                                            -versus-
                 Urmila Das and Others                   ....        Respondent
                              Mr. S.K. Mohanty, Counsel for Respondents 1 & 2


                           CORAM:
                           SHRI JUSTICE B. P. ROUTRAY
                                          ORDER

13.11.2023 Order No.

03. 1. The matter is taken up through hybrid mode.

2. Heard Mr. R.R. Mohanty, learned counsel for insurer - Appellant, Mr. S.K. Mohanty, learned counsel for claimant - Respondents 1 & 2.

3. Present appeal by the insurer is directed against the impugned judgment dated 1st November, 2022 of learned Commissioner for Employee's Compensation-cum-Joint Labour Commissioner, Cuttack passed in E.C. Case No.276 of 2020, wherein compensation to the tune of Rs.24,39,928/- (including interest) has been granted on account of death of deceased Sankar Das arising out of and in course of his employment as driver in the Car bearing registration number OR-02-BW-8700.

4. Upon hearing both parties and considering all such grounds of challenge advanced, a reduced compensation of Rs.14,80,000/- consolidated is proposed to the parties. This is agreed by Mr. S.K. Mohanty, learned counsel for claimant - Respondents and Mr. R.R. 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.14,80,000/- (fourteen lakhs eighty 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. However the direction for payment of penal interest and penalty is waived.

7. The appeal is disposed of accordingly.

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

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

Signature Not Verified

Signed by: MANAS KUMAR PANDA Designation: Senior Steno Reason: Authentication Location: OHC, Cuttack Date: 15-Nov-2023 11:13:21