The Manager Legal Hub vs Mally Naik And Others
2025 Latest Caselaw 3131 Ori

Orissa High Court

The Manager Legal Hub vs Mally Naik And Others on 30 January, 2025

                   IN THE HIGH COURT OF ORISSA AT CUTTACK

                                      FAO No. 521 of 2024

                 The Manager Legal Hub, M/s      ....                Appellant(s)
                 Oriental Insurance Co. Ltd.,
                 Bhubaneswar
                                                          Ms. R. Pati, Advocate

                                           -versus-

             Mally Naik and others               ....              Respondent(s)
                                                        Mr. D. Patnaik, Advocate
                                                     (for Respondents-1,2,3 & 5)



                     CORAM: JUSTICE SIBO SANKAR MISHRA

Order No.
                                         ORDER

30.01.2025

01. 1. Heard.

2. Present appeal by the insurer is directed against impugned

judgment dated 03.01.2024 passed in E.C. Case No. 75 of 2021 by

the Commissioner for Employee's Compensation-cum-Joint Labour

Commissioner, Cuttack, wherein compensation to the tune of

Rs.15,90,360/- (including interest) has been granted to claimants-

Respondents No.1 to 5 on account of the death of the deceased in

course of and arising out of his employment as a helper in Truck

bearing Registration No. OR-14-R-0846 belonging to Respondent

No.6.

3. Upon hearing both parties and considering all such

grounds of challenge advanced, a reduced compensation of

Rs.12,00,000/- (Rupees Twelve Lakhs) consolidated is proposed to

the parties in course of hearing. Mr.D. Patnaik, learned counsel for

the claimant - Respondents No.1 to 5 agrees to the same and Ms. R.

Pati, learned counsel for the appellant-Insurance Company leaves it

to the discretion of the Court. The compensation amount is

accordingly fixed to said extent.

4. Since the entire award amount has been deposited before

learned Commissioner, out of the said amount, a consolidated sum

of Rs.12,00,000/- (twelve lakhs) 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.

5. With the aforesaid modification of the award, the FAO is

disposed of.

6. An urgent certified copy of this order be granted on proper

application.

(S.S. Mishra) Judge Ashok

Signed by: ASHOK KUMAR JAGADEB

Location: High Court of Orissa, Cuttack Date: 30-Jan-2025 18:54:15