Divisional Manager M/s. National Insurance Company Ltd vs Sukanti Patra And Others

Biswanath Rath, J

1.   This matter is taken up through video conferencing mode.

Heard Mr.B.N.Udgata, learned counsel for the appellant and Mr.P.K.Behera, learned counsel appearing for respondent Nos. 1 to 4.

This matter involves a challenge to the award being passed by the Commissioner for Employee’s Compensation and Divisional Labour

Commissioner, Balasore in E.C. Case No. 8 of 2016. The impugned award is challenged on the ground Nos. “M, N, O & P†mentioned therein

with regard to quantum.

During course of submission, while not inclining to entertain the grounds on which the impugned award is challenged, this Court however finds,

there is exorbitant grant of compensation.

Considering the rival contentions of the parties with regard to the compensation aspect, this Court observes, grant of a sum of Rs.6,60,000/-

(Rupees six lakhs sixty thousand) only as consolidated will meet the ends of justice. In such view of the matter, while interfering with the impugned

order only in the compensation aspect, this Court reduces the same to a consolidated sum of Rs.6,60,000/-(Rupees six lakhs sixty thousand) only from

Rs.7,25,480/-(Rupees seven lakhs twenty five thousand four hundred eighty) only. Since the amount is already deposited before the Commissioner for

Employee’s Compensation and Divisional Labour Commissioner, Balasore, the modified awarded amount be released in favour of the claimant

Nos.1 to 4 with proportionate accrued interest and the balance amount be released in favour of the appellant with accrued interest.

With the above observation and direction, the FAO stands disposed of.

As the restrictions due to resurgence of COVID-19 situation are continuing, learned counsel for the parties may utilize a print out of the order

available in the High Court’s website, at par with certified copy, subject to attestation by the concerned Advocate, in the manner prescribed vide

Court’s Notice No.4587, dated 25th March, 2020 as modified by Court’s notice No.4798, dated 15th April, 2021..

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