The Divisional Manager vs Khiramala Bhola And Others
2023 Latest Caselaw 15149 Ori

Orissa High Court

The Divisional Manager vs Khiramala Bhola And Others on 28 November, 2023

Author: B. P. Routray

Bench: B. P. Routray

                        IN THE HIGH COURT OF ORISSA AT CUTTACK
                                  FAO No.245 of 2023
                 The Divisional Manager, The New        ....        Appellants
                 India Assurance Co. Ltd., Badambadi -
                 Kathajodi Road, Cuttack
                                               Mr. B. Dasmohapatra, Advocate
                                            -versus-
                 Khiramala Bhola and Others               ....       Respondents
                                 Mr. K. Panigrahi, counsel for Respondents 1 & 2

                           CORAM:
                           SHRI JUSTICE B. P. ROUTRAY
                                          ORDER

28.11.2023 Order No.

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

2. Heard Mr. B. Dasmohapatra, learned counsel for insurer - Appellant and Mr. K. Panigrahi, learned counsel for claimant - Respondents 1 & 2.

3. Present appeal by the insurer is directed against the impugned judgment dated 28th March, 2023 of learned Commissioner for Employee's Compensation-cum-Joint Labour Commissioner, Cuttack passed in E.C. Case No.316-D of 2018, wherein compensation to the tune of Rs.12,61,737/- (including interest) has been granted on account of death of deceased Binod Bhola arising out of and in course of his employment as helper in the Truck bearing registration number OR-21-7421.

4. Upon hearing both parties and considering all such grounds including the fact that the Appellant did not adduce any evidence, a reduced compensation of Rs.10,00,000/- consolidated is proposed to the parties. This is agreed by Mr. Mohapatra, learned counsel for claimant - Respondents and Mr. Dasmohapatra, 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.10,00,000/- (ten lakhs) along with accrued interest thereof be disbursed in favour of the claimant - Respondents 1 & 2 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.

9. The LCRs be returned forthwith.

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