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Judgment
B.P. Routray, J
The matter is taken up through hybrid mode.
Heard Mr. S.K. Mohanty, learned counsel for insurer – Appellant, Mr. B.N. Rath, learned counsel for claimant –Respondents.
Present appeal by the insurer is directed against the impugned judgment dated 29th April, 2023 of learned Commissioner for Employee’s Compensation-cum-Divisional Labour Commissioner, Berhampur passed in E.C. Case No.33 of 2017, wherein compensation to the tune of Rs.13,87,420/- (including interest) has been granted on account of death of deceased Parameswar Das arising out of and in course of his employment as helper in the Truck bearing registration number AP-07-TU-0567.
Upon hearing both parties and considering all such grounds of challenge advanced, a reduced compensation of Rs.10,50,000/- consolidated is proposed to the parties. This is agreed by Mr. Rath, learned counsel for claimant – Respondents and Mr. Mohanty, learned counsel for the insurer leaves it to the discretion of the court.
Accordingly the compensation amount is fixed to said extent.
Since the entire compensation amount has already been deposited before learned Commissioner, out of the same a consolidated sum of Rs.10,50,000/- (ten lakhs fifty thousand) along with accrued interest thereof be disbursed in favour of the claimant – Respondents within a period of two months from today. The rest amount along with proportionate accrued interest be refunded to the insurer – Appellant.
However the direction for payment of penal interest and penalty is waived.
The appeal is disposed of accordingly.
An urgent certified copy of this order be issued as per rules.
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