The Divisional Manager vs Sonali Sethi And Others
2024 Latest Caselaw 12792 Ori

Orissa High Court

The Divisional Manager vs Sonali Sethi And Others on 6 August, 2024

Author: B. P. Routray

Bench: B. P. Routray

                    IN THE HIGH COURT OF ORISSA AT CUTTACK
                              FAO No.143 of 2024
            The Divisional Manager, M/s. National
            Insurance Company Ltd., Cantonment
            Road, Cuttack                            ....         Appellant
                                              Mr. P.K. Mohanty, Advocate
                                       -versus-
            Sonali Sethi and Others                  ....       Respondents
                             Mr. S.C. Swain, counsel for Respondents 1 to 4

                        CORAM:
                        SHRI JUSTICE B. P. ROUTRAY
                                      ORDER

6.8.2024 Order No.

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

2. Heard Mr. P.K. Mohanty, learned counsel for the insurer - Appellant and Mr. S.C. Swain, learned counsel for claimant - Respondents.

3. Present appeal by the insurer is directed against impugned judgment dated 12th December, 2023 of learned Commissioner for Employee's Compensation-cum-Divisional Labour Commissioner, Cuttack passed in E.C. Case No.94 of 2022, wherein compensation to the tune of Rs.19,33,096/- (including interest) has been granted on account of death of deceased Parmeswar Sethi arising out of and in course of his employment as a Fitter under Respondent No.5.

4. Upon hearing both parties and considering all such grounds of challenge advanced, a reduced consolidated sum of Rs.16,50,000/- is proposed to the parties. This is agreed by Mr. Swain, learned counsel for the claimant - Respondents and Mr.

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.16,50,000/- (sixteen lakhs fifty 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 direction for payment of penalty and penal interest is waived. The appeal is disposed of.

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

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

Designation: Personal Assistant