Divisional Manager vs Sita Swain & Anr
2023 Latest Caselaw 12483 Ori

Signature Not Verified
Digitally Signed
Signed by: SANGRAM DAS
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 16-Oct-2023 11:02:10




                                     IN THE HIGH COURT OF ORISSA AT CUTTACK

                                                        FAO No.464 of 2023

                                 Divisional Manager, Oriental
                                 Insurance Co.Ltd.                          ....        Appellant
                                                                        Mr.P.K.Mahali, Advocate

                                                             -versus-

                                 Sita Swain & Anr.                          ....     Respondents
                                                                        Mr.P.K.Mishra, Advocate

                                            CORAM:
                                            JUSTICE B. P. ROUTRAY

                                                           ORDER

12.10.2023 Order No.

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

2. Heard Mr.Mahali, learned counsel for the Appellant and Mr.Mishra, learned counsel for Respondents.

3. Present appeal by the Insurer is directed against impugned judgment/award dated 24th August, 2023 passed by the Commissioner for Employee's Compensation-Cum-Divisional Labour Commissioner, Angul in E.C. Case No.06 of 2023, wherein compensation to the tune of Rs.17,06,735/- has been granted on account of death of the deceased in course of his employment as a driver of the Truck bearing registration No.OD-15-E-0229.

4. Having heard both parties and considering all such grounds of challenge advanced, a reduced compensation of Rs.13,50,000/- consolidated is proposed to the parties in course of hearing. The same is agreed by Mr.Mishra, learned counsel for

Signature Not Verified Digitally Signed Signed by: SANGRAM DAS Reason: Authentication Location: High Court of Orissa, Cuttack Date: 16-Oct-2023 11:02:10

the claimant. Mr.Mahali, learned counsel for the Insurer leaves it to the discretion of the Court. Accordingly, the amount is reduced to said extent.

5. At this stage, it is submitted that the draft containing the amount was though deposited before the Commissioner but the same was not accepted by him due to deduction of tax component from the interest amount. However, this Court without getting into such dispute directs the Appellant to deposit those two drafts containing Rs.12,85,192/- and Rs.3,36,333/- respectively, as submitted at the bar, within a period of two weeks from today and learned Commissioner is directed to disburse the modified amount after encashment of such amounts in favour of the Claimants and refund balance amount to the Insurance Company.

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