Divisional Manager, New India Assurance Co.Ltd. D,O 1,T.P.Cell v. Pravati Mohanty

IN THE HIGH COURT OF ORISSA AT CUTTACK

FAO No.29 of 2022 Divisional Manager, New India Assurance Company Ltd.

....

Appellant Mr. A.A. Khan, Advocate -versusPravati Mohanty and Others ....

Respondents Mr. P.K. Mishra, counsel for Respondents 1-3

CORAM:

SHRI JUSTICE B. P. ROUTRAY

ORDER

8.4.2022 Order No.

01.

1.

Heard Mr. A.A. Khan, learned counsel for the insurer-Appellant and Mr. P.K. Mishra, learned counsel for Respondent Nos.1-3. 2.

Present appeal by the insurer is directed against the award dated 8th November, 2021 of the learned Commissioner for Employee's Compensation-cum-Divisional Labour Commissioner, Cuttack in E.C. Case No.419-D of 2013 wherein compensation to the tune of Rs.10,29,729/- including interest has been awarded on account of death of the deceased in course of his employment as driver of the truck bearing registration number OR 05 0015. 3.

Having heard both parties and considering the grounds of challenge, a reduced compensation of Rs.4,40,000/- consolidated is proposed to the parties. This is agreed by Mr. Mishra, learned counsel for the claimant - Respondents and Mr. Khan 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.4,40,000/- (four lakh forty thousand) along with accrued interest thereof be disbursed in favour of the claimant - Respondent Nos.1 to 3 within a period of two months from today. The rest amount along with accrued interest thereof be refunded to the insurer - Appellant.

5.

With aforesaid modification to the award, 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