The Chief Regional Manager vs Sabita Muduli & Ors
2025 Latest Caselaw 7008 Ori

Orissa High Court

The Chief Regional Manager vs Sabita Muduli & Ors on 11 April, 2025

Author: S.K. Panigrahi

Bench: S.K. Panigrahi

                                    IN THE HIGH COURT OF ORISSA AT CUTTACK
                                                       FAO No. 116 of 2024

                                  The Chief Regional Manager
                                  M/S New India Assurance Co. Ltd.           ........   Appellant(s)
                                                                              Mr. Somnath Roy, Adv.


                                                              -versus-


                                  Sabita Muduli & Ors.                     ........ Respondent(s)
                                                                         Mr. Bishnubrata Singh, Adv.



                                             CORAM:
                                             DR. JUSTICE S.K. PANIGRAHI

                                                        ORDER

11.04.2025 Order No.

07. 1. This matter is taken up through hybrid arrangement.

2. Heard Mr. Roy, learned counsel for the Appellant and Mr. B.

Singh, learned counsel for the Respondents.

3. Present appeal by the Insurer is directed against impugned

judgment/award dated 28th December, 2023 passed by the

Commissioner for Employee's Compensation-Cum-Joint Labour

Commissioner, Hqrs, Bhubaneswar in E.C. Case No.27 of 2016,

Designation: Personal Assistant Reason: Authentication wherein compensation to the tune of Rs.7,02,160/- has been Location: OHC Date: 15-Apr-2025 18:21:30 granted on account of death of deceased Dushamana Muduli in

course of his employment as a mason under the Respondent

No.7.

4. Mr. Roy, learned counsel for the Appellant vehemently

disputes the income and age of the deceased.

5. Having heard both parties and considering all such grounds

of challenge advanced, a reduced compensation of Rs.5,21,974/-

with 12% interest from the date of accident is proposed to the

parties in course of hearing. The same is agreed by Mr. Singh,

learned counsel for the claimants. Mr. Roy, learned counsel for

the Insurer leaves it to the discretion of the Court. Accordingly,

the amount is reduced to said extent.

6. Since the entire award amount has been deposited before the

Commissioner for Employee's Compensation-cum-Joint Labour

Commissioner, Hqrs, Bhubaneswar, the Commissioner is

directed to disburse the reduced amount of Rs. 5,21,974/- with

12% interest from the date of accident i.e. 22.03.20216 thereof in

favour of the claimants within a period of two months from

today. The balance amount, if any, with proportionate accrued

interest thereof shall be refunded to the Insurer-Appellant.

However, penalty & penal interest @ 12% as directed by the

Signed by: LITARAM MURMU Commissioner is waived. Designation: Personal Assistant Reason: Authentication Location: OHC Date: 15-Apr-2025 18:21:30 7. The Appeal is accordingly disposed of.

8. Urgent certified copy of this order be granted on proper

application.

( Dr. S.K. Panigrahi) Judge Murmu

Designation: Personal Assistant