The Manager (T.P. Cell) vs Mataji Dalei And Others
2023 Latest Caselaw 10657 Ori

                                          IN THE HIGH COURT OF ORISSA AT CUTTACK

                                                     FAO No.283 of 2023
                                The Manager (T.P. Cell), M/s.New         ....          Appellant
                                India Assurance Company Ltd.
                                       Mr. S.K. Mishra, Advocate on behalf of Mr. S. Satapathy,
                                                                                      Advocate
                                                            -versus-
                                Mataji Dalei and others                  ....       Respondents
                                           Mr. D. Pattnaik, Advocate for Respondent Nos.1 to 4
                                              CORAM:
                                              JUSTICE B. P. ROUTRAY

                                                         ORDER

02.09.2023 Order No.

04. 1. Heard Mr. S.K. Mishra, learned counsel on behalf of Mr. S.

Satapathy, learned counsel for the Appellant-Insurance Company and Mr. D. Pattnaik, learned counsel for the Respondent Nos.1 to 4-claimants.

2. Present appeal by the insurer is directed against the judgment and award dated 27.04.2023 passed in E.C. Case No.07-D/2020 by the Commissioner for Employee's Compensation-cum-Joint Labour Commissioner, Cuttack, wherein compensation to the tune of Rs.18,76,643/- including interest has been granted to claimants-Respondent Nos.1 to 4 on account of death of the deceased in course of and arising out of the employment as helper in Truck bearing Registration No.OR-04-D-9598 belonging to Respondent No.5.

3. Upon hearing both the parties and considering all such grounds of challenge advanced, a reduced compensation of Rs.12,00,000/-

Signature Not Verified Digitally Signed Signed by: BASANTA KUMAR BARIK Reason: Authentication Location: High Court of Orissa, Cuttack Date: 08-Sep-2023 11:02:34 (Rupees Twelve Lakhs) consolidated is proposed to the parties in course of hearing. Mr. D. Pattanaik, learned counsel for the claimants-Respondent Nos.1 to 4 agrees to the same and Mr. S.K. Mishra, learned counsel for Appellant-Insurance Company leaves it to the discretion of the Court. The compensation amount is accordingly fixed to that extent.

4. Since entire award amount has been deposited before learned Commissioner, out of said amount, a consolidated sum of Rs.12,00,000/- along with proportionate accrued interest be disbursed in favour of claimants-Respondent No.1 to 4 within a period of eight weeks from today and the balance amount along with proportionate accrued interest thereon shall be refunded to the Appellant-Insurance Company within the same period on proper application. The penalty and penal interest is waived.

5. With aforesaid modification of the award, the FAO is disposed of.

6. An urgent certified copy of this order be granted on proper application.

( B.P. Routray) Judge

B.K. Barik

Signature Not Verified

Digitally Signed Signed by: BASANTA KUMAR BARIK Reason: Authentication Location: High Court of Orissa, Cuttack Date: 08-Sep-2023 11:02:34