The Divisional Manager vs Hemada Khatun And Others
2025 Latest Caselaw 4669 Ori

Orissa High Court

The Divisional Manager vs Hemada Khatun And Others on 5 March, 2025

                   IN THE HIGH COURT OF ORISSA AT CUTTACK

                                        FAO No. 160 of 2024
                 The Divisional Manager, T.P.     ....                Appellant(s)
                 Cell, M/s National Insurance
                 Co. Ltd. Cuttack
                                                      Mr. S. Satapathy, Advocate

                                            -versus-

             Hemada Khatun and others             ....              Respondent(s)
                                                        Mr. D. Patnaik, Advocate
                                                          Respondent Nos.1 to 3

                     CORAM: JUSTICE SIBO SANKAR MISHRA

                                          ORDER

05.03.2025 Order No.

03. 1. Respondent No.4 has died on 03.12.2020. The L.Rs of the said deceased respondent no.4 has already placed on record being respondent nos.1 to 3. The death certificate of respondent no.4 is taken on record.

2. Present appeal by the insurer is directed against the judgment and award dated 10.11.2023 passed in E.C. Case No.164 of 2020 by the Commissioner for Employee's Compensation-cum-Joint Labour Commissioner, Cuttack, wherein compensation to the tune of Rs.12,42,726/- including interest has been granted to the claimant- Respondent Nos.1 to 3 on account of death of the deceased in course of and arising out of his employment as a driver in T.M. vehicle bearing Registration No.CG-04-JA-9170 belonging to Respondent No.5.

3. Upon hearing both the parties and considering all such grounds of challenge advanced and admission of owner, a reduced

compensation of Rs.8,00,000/- (Rupees eight lakhs) consolidated is proposed to the parties in course of hearing. Mr. D. Patnaik, learned counsel for the claimant-respondents No.1 to 3 agrees to the same and Mr. S. Satapathy, 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.8,00,000/- (eight lakhs) along with proportionate accrued interest be disbursed in favour of the claimant-Respondents No.1 to 3 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 Date: 06-Mar-2025 15:27:58