High CourtsSingle Bench(2022) 11 OHC CK 0227

Divisional Manager, M/s. New India Assurance Company Ltd vs Malati Parida And Others

Orissa High Court · Decided on 25 November 2022

HON’BLE JUDGES
B.P. Routray, J
RESULT
Disposed Of
CASE NUMBER
FAO No.395 Of 2022

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Judgment

9 paragraphs · 247 words

B. P. Routray, J

1.The matter is taken through hybrid mode.

2.

Heard Mr. S. Roy, learned counsel for the Appellant – insurer and Mr. D. Patnaik, learned counsel for claimant – Respondents 1-3.

3.

Present appeal is directed against the impugned award dated 1st August, 2022 passed by the learned Commissioner for Employee’s Compensation-cum-Joint Labour Commissioner, Cuttack in E.C. Case No.144/2021/CUTT, wherein compensation to the tune of Rs.14,07,182/- including interest has been awarded on account of death of the deceased arising out of and in course of his employment as driver in the Mini truck bearing registration number OD 02C 9320.

4.

Upon hearing both parties and considering all such grounds advanced, a consolidated sum of Rs.12,00,000/- is proposed to the parties. This is agreed by Mr. Patnaik, learned counsel for the claimant – respondent and Mr. Roy, learned counsel for the insurer leaves it to the discretion of the court. Accordingly the compensation amount is fixed to the said extent.

5.

Since the entire compensation amount has already been deposited before the learned Commissioner, out of the same a consolidated sum of Rs.12,00,000/- (twelve lakhs) along with accrued interest thereof be disbursed in favour of the claimant – Respondents 1 to 3 within a period of two months from today. The rest amount along with proportionate accrued interest be refunded to the insurer – Appellant.

6.

The appeal is disposed of.

7.

An urgent certified copy of this order be issued as per rules.

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