National Insurance Co. Ltd. v. Manjulata Dash

IN THE HIGH COURT OF ORISSA AT CUTTACK

FAO No.12 of 2022 National Insurance Company Ltd.

....

Appellant Mrs. P. Pattnaik on behalf of Mr. S.R. Pattnaik, Advocates -versusManjulata Dash and Another ....

Respondents Mr. D. Patnaik, counsel for Respondent Nos.1&2 Mr. S.R. Biswal, counsel for Respondent No.3

CORAM:

SHRI JUSTICE B. P. ROUTRAY

ORDER

17.5.2022 Order No.

03.

1.

Heard Mrs. P. Pattnaik on behalf of Mr. S.R. Pattnaik, learned counsel for the insurer-Appellant, Mr. D. Patnaik, learned counsel for Respondent Nos.1 and 2 and Mr. S.R. Biswal, learned counsel for Respondent No.3.

2.

Present appeal by the insurer is directed against the award dated 21st September, 2021 passed by the learned Commissioner for Employee's Compensation-cum-Joint Labour Commissioner, Cuttack in E.C. Case No.96-D of 2014 wherein compensation to the tune of Rs.13,03,396/- including interest has been awarded on account of death of the deceased, namely Saumitree Prasad Dash arising out of and in course of his employment as Helper in the truck bearing registration number OR-19-C-0139.

3.

Upon hearing both parties and considering the grounds of challenge, a reduced compensation of Rs.10,00,000/- consolidated is

proposed to the parties. This is agreed by Mr. Patnaik, learned counsel for the claimant - Respondent Nos.1 & 2. Mrs. Pattnaik, learned counsel for the Appellant and Mr. S.R. Biswal, learned counsel for Respondent No.3, leaves it to the discretion of the Court. As such the amount is fixed to the said extent.

4.

Since the entire compensation amount has already been deposited before the learned Commissioner, out of the same a consolidated sum of Rs.10,00,000/- (ten lakh) along with accrued interest thereof be disbursed in favour of the claimant - Respondent Nos.1 & 2 within a period of two months from today. The rest amount along with accrued interest thereof be refunded to the insurer - Appellant.

5.

The appeal is disposed of.

6.

An urgent certified copy of this order be issued as per rules. ( B.P. Routray) Judge M.K.Panda