D.M vs Kuntala Behera And Others
2025 Latest Caselaw 4229 Ori

Orissa High Court

D.M vs Kuntala Behera And Others on 19 February, 2025

                   IN THE HIGH COURT OF ORISSA AT CUTTACK

                                         FAO No.497 of 2024
                 D.M., Oriental Insurance Co.     ....               Appellant(s)
                 Ltd., Angul
                                                  Mr. P.K. Tripathy, Advocate

                                            -versus-

             Kuntala Behera and others            ....             Respondent(s)
                                                       Mr. D. Patnaik, Advocate
                                                           for Respondent No.1
                     CORAM: JUSTICE SIBO SANKAR MISHRA

                                           ORDER

19.02.2025 I.A. No.916 of 2024 Order No.

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

Insurance Company and Mr. D. Patnaik, learned counsel for the respondent No.1.

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 31.05.2024 passed in E.C. Case No.10 of 2019 by the Commissioner for Employee's Compensation-cum-Divisional Labour Commissioner, Dhenkanal, wherein compensation to the tune of

Rs.13,65,493/- including interest has been granted to the claimant- Respondent No.1 on account of death of the deceased in course of and arising out of his employment as a driver in Truck bearing Registration No.OD-15-B-7180 belonging to Respondent No.3.

2. Upon hearing both the parties and considering all such grounds of challenge advanced and admission of owner, a reduced compensation of Rs.9,50,000/- (Rupees nine lakhs fifty thousand) consolidated is proposed to the parties in course of hearing. Mr. D. Patnaik, learned counsel for the claimant-respondent No.1 agrees to the same and Mr. P.K. Tripathy, 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.9,50,000/- (Rupees nine lakhs fifty thousand) along with proportionate accrued interest be disbursed in favour of the claimant- Respondent No.1 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)

Swarna

Location: High court of orissa Date: 21-Feb-2025 14:00:22