The Regional Manager vs Mami Maharana And Others
2025 Latest Caselaw 3620 Ori

Orissa High Court

The Regional Manager vs Mami Maharana And Others on 4 February, 2025

                   IN THE HIGH COURT OF ORISSA AT CUTTACK

                                        FAO No. 496 of 2024
                 The Regional Manager,            ....               Appellant(s)
                 Oriental Insurance Co. Ltd.,
                 Bhubaneswar
                                                    Mr. P.K. Mahali, Advocate

                                            -versus-

             Mami Maharana and others             ....             Respondent(s)
                                                       Mr. D. Patnaik, Advocate
                                                         Respondent Nos.1 to 3

                      CORAM: JUSTICE SIBO SANKAR MISHRA

                                           ORDER

04.02.2025 I.A. No.915 of 2024 Order No.

01. 1. Heard Mr. P.K. Mahali, learned counsel for the appellant-

Insurance Company and Mr. D. Patnaik, learned counsel for the respondent No.1 to 3-claimants.

2. Upon hearing both the parties and considering the grounds mentioned in the limitation petition, the delay in filing the appeal is condoned.

3. The I.A. is disposed of.

(S.S. Mishra) Judge

Order No.

02. 1. Present appeal by the insurer is directed against the judgment and award dated 21.05.2024 passed in E.C. Case No.13 of 2022 by the

Commissioner for Employee's Compensation-cum-Joint Labour Commissioner, Cuttack, wherein compensation to the tune of Rs.19,48,036/- including interest has been granted to the claimant- Respondent Nos.1 to 3 on account of death of the deceased in course of and arising out of his employment as a driver in Mini Truck bearing Registration No.OD-02-AD-9197 belonging to Respondent No.4.

2. Upon hearing both the parties and considering all such grounds of challenge advanced and admission of owner, a reduced compensation of Rs.13,00,000/- (Rupees thirteen lakhs) consolidated is proposed to the parties in course of hearing. Mr. D. Patnaik, learned counsel for the claimant-respondents No.1 to 3 agrees to the same and Mr. P.K. Mahali, learned counsel for appellant-Insurance Company leaves it to the discretion of the Court. The compensation amount is accordingly fixed to that extent.

3. Since the entire award amount has been deposited before the learned Commissioner, out of the said amount, a consolidated sum of Rs.13,00,000/- (thirteen lakhs) along with proportionate accrued interest be disbursed in favour of the claimant-Respondents No.1 to 3 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.

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

5. An urgent certified copy of this order be granted on proper Signature Notapplication.

              Verified
Digitally Signed
Signed by: ASHOK KUMAR JAGADEB
MOHAPATRA                                                           (S.S. Mishra)
Reason: Authentication
Location: High Court of Orissa
Date: 05-Feb-2025 10:11:26                                              Judge
      Ashok