Regional Manager vs Banita Mallik And Others
2025 Latest Caselaw 1373 Ori

Orissa High Court

Regional Manager vs Banita Mallik And Others on 17 July, 2025

                  IN THE HIGH COURT OF ORISSA AT CUTTACK
                              FAO No. 529 of 2023

            Regional Manager, M/s.          ....     Appellant(s)
            Oriental Insurance Company
            Ltd., Bhubaneswar
                                        Mr. A.A. Khan, Advocate
                                 -versus-
            Banita Mallik and others        .... Respondent(s)


                                     Mr. Biswajit Mohanty, Advocate

                                     CORAM:

                        JUSTICE SIBO SANKAR MISHRA

                                    ORDER

Order No.                          17.07.2025
                              I.A. No. 390 of 2025
   05.      1.        This is an application moved by the appellant

for modification of the judgment and order dated 18.02.2025 pass by this court while disposing of the appeal.

2. It is contended by the appellant that this Court directed the appellant-Insurance Company to deposit the awarded compensation to the tune of Rs.15,98,562/- within a period of thirty days from the date of receipt of the order and in the event of failure to pay the awarded compensation within the stipulated time of one month, interest @ 12% shall be liable to be

paid by the appellant-Insurance Company to the claimants. The appellant Insurance Company has move this application and in paragraphs-3 and 4 has stated as under:-

"3. That while preferring the appeal the petitioner Insurance company had deposited the entire compensation amount of Rs.15,98,562/- before the Learned Commissioner on 19.12.2023 in shape of an A/c. payee cheque bearing No.733488 dated 15.12.2023 and the said deposit receipt was filed before this Hon'ble Court along with a memo on 08.02.2024 and accordingly this Hon'ble Court vide order dated 20.08.2024 had stayed the disbursement of the amount deposited by the petitioner Insurance Company before the Learned Commissioner.

4. That due to over sight and bonafide mistake the counsel for the Appellant Insurance Company could not able to brought to the notice of this Hon'ble Court about deposit of the entire compensation amount before the learned Commissioner in compliance with the 3 proviso of Sec.30 of rd

the E.C. Act when the matter was taken up for hearing on 18.02.2025 for which this Hon'ble Court in Para-11 of the order dated 18.02.2025 has directed the appellant to pay Rs.15,98,562/- within a period of 30 days from the date of receipt of the order."

3. Mr. Biswajit Mohanty, learned counsel appearing for the respondents submits that indeed the entire compensation amount has already been received by his

clients. Therefore, the modification sought by the appellant-Insurance Company is bona fide.

4. For the reasons stated in the application, the judgment/order dated 18.02.2025 stands modified in terms of the application under consideration.

5. The I.A. is accordingly allowed.

(S.S. Mishra) Judge Ashok

Signed by: ASHOK KUMAR JAGADEB MOHAPATRA

Location: High Court of Orissa