The Divisional Manager vs Barhapriyadarsani Sahu And
2025 Latest Caselaw 3668 Ori

Orissa High Court

The Divisional Manager vs Barhapriyadarsani Sahu And on 5 February, 2025

                   IN THE HIGH COURT OF ORISSA AT CUTTACK

                                    FAO No. 255 of 2024
                 The Divisional Manager, New    ....               Appellant(s)
                 India Assurance Company
                 Limited, Cuttack
                                                     Mr. S.K. Ghose, Advocate

                                          -versus-

             Barhapriyadarsani Sahu and     ....            Respondent(s)
              others
                        Mr. B.N. Rath, Advocate for Respondent Nos.1 to 5



                     CORAM: JUSTICE SIBO SANKAR MISHRA

                                        ORDER

05.02.2025 I.A. No.467 of 2024 Order No.

01. 1. Since the receipt showing deposit of the award amount before the learned Commissioner has been filed, 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 15.04.2024 passed in E.C. Case No.349 of 2022 by the Commissioner for Employee's Compensation-cum- Joint Labour Commissioner, Cuttack, wherein compensation to the tune of Rs.16,89,345/- including interest has been granted to the claimant-Respondent Nos.1 to 5 on account of the accidental death

of the deceased in course of and arising out of the employment as a driver in a Truck bearing Registration No.OD-01-AP-4874 belonging to Respondent No.6.

2. Upon hearing both the parties and considering all such grounds of challenge advanced and admission of owner, a reduced compensation of Rs.13,50,000/- (Rupees thirteen lakhs fifty thousand) consolidated is proposed to the parties in course of hearing. Mr. B.N. Rath, learned counsel for the claimant-respondent Nos.1 to 5 agrees to the same and Mr. S.K. Ghose, 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.13,50,000/- along with proportionate accrued interest be disbursed in favour of the claimant-Respondent Nos.1 to 5 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 application.

(S.S. Mishra)

Ashok

Signed by: ASHOK KUMAR JAGADEB MOHAPATRA Reason: Authentication Location: High Court of Orissa Date: 06-Feb-2025 10:29:10