The Manager Legal vs Ajaya Mahakud And Others
2025 Latest Caselaw 4558 Ori

Orissa High Court

The Manager Legal vs Ajaya Mahakud And Others on 3 March, 2025

                   IN THE HIGH COURT OF ORISSA AT CUTTACK

                                       FAO No. 198 of 2024

                 The Manager Legal, M/s. New     ....               Appellant(s)
                 India Assurance Co. Ltd.
                 Cuttack
                                                Mr. Subrat Satpathy, Advocate

                                           -versus-

             Ajaya Mahakud and others            ....             Respondent(s)
                                                      Mr. D. Patnaik, Advocate
                                                        Respondent Nos.1 & 2

                     CORAM: JUSTICE SIBO SANKAR MISHRA

                                         ORDER

03.03.2025

Order No.

02. 1. None appears for the respondent No.3. The respondent No.3 is stated to be the owner of the factory and despite service, nobody has entered appearance on his behalf.

2. Present appeal by the insurer is directed against the judgment and award dated 06.03.2024 passed in E.C. Case No.103-D of 2015 by the Commissioner for Employee's Compensation-cum-Joint Labour Commissioner, Cuttack, wherein compensation to the tune of Rs.13,88,990/- including interest has been granted to the claimant- Respondent Nos.1 & 2 on account of death of the deceased in course of and arising out of his employment as a helper in Truck bearing Registration No.0SB-1297 belonging to Respondent No.3.

3. Upon hearing both the parties and considering all such grounds of challenge advanced and admission of owner, a reduced compensation of Rs.8,25,000/- (Rupees eight lakhs twenty five thousand) consolidated is proposed to the parties in course of hearing. Mr. D. Patnaik, learned counsel for the claimant-respondents No.1 & 2 agrees to the same and Mr. Subrat Satpathy, learned counsel for appellant-Insurance Company leaves it to the discretion of the Court. The compensation amount is accordingly fixed to that extent.

4. Since the entire award amount has been deposited before the learned Commissioner, out of the said amount, a consolidated sum of Rs.8,25,000/- (Rupees eight lakhs twenty five thousand) along with proportionate accrued interest be disbursed in favour of the claimant- Respondents No.1 & 2 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 Subhasis

Designation: Personal Assistant

Location: High Court of Orissa, Cuttack.

Date: 03-Mar-2025 18:12:26