Manager vs Hansa Maharana And Others
2023 Latest Caselaw 12404 Ori

                       IN THE HIGH COURT OF ORISSA AT CUTTACK
                                 FAO No.75 of 2023
                 Manager, Legal, ICICI Lombard
                 General     Insurance   Co. Ltd.,
                 Satyanagar, Bhubaneswar           ....                 Appellant
                                                      Mr. G.P. Dutta, Advocate
                                           -versus-
                 Hansa Maharana and Others                ....       Respondents
                              Mr. P.K. Mishra, counsel for Respondents 1 & 2
                           CORAM:
                           SHRI JUSTICE B. P. ROUTRAY
                                         ORDER

11.10.2023 Order No.

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

2. Heard Mr. G.P. Dutta, learned counsel for the insurer - Appellant and Mr. P.K. Mishra, learned counsel for the claimant - Respondents.

3. Present appeal by the insurer is directed against the impugned judgment dated 29th December, 2022 of learned Commissioner for Employee's Compensation-cum-Joint Labour Commissioner, Angul passed in E.C. Case No.3 of 2018, wherein compensation to the tune of Rs.7,21,268/- along with interest @ 12% per annum has been granted on account of death of deceased Banamali Maharana arising out of and in course of his employment as helper in the Truck bearing registration number OR-19-C-3545.

4. Upon hearing both parties and considering all such grounds of challenge advanced, a reduced compensation of Rs.10,40,000/- consolidated is proposed to the parties. This is agreed by Mr. Mishra, learned counsel for claimant - Respondents and Mr. Dutta, learned counsel for the insurer leaves it to the discretion of the court. Accordingly the compensation amount is fixed to the said extent.

5. Since the entire compensation amount including interest has already been deposited before learned Commissioner, out of the same a consolidated sum of Rs.10,40,000/- (ten lakhs forty 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

Signature Not Verified Digitally Signed

Designation: Senior Steno Reason: Authentication Location: OHC, Cuttack Date: 16-Oct-2023 11:06:06