M/S.Hdfc Ergo G.I.Co. Ltd. v. Jamuna Sahoo

IN THE HIGH COURT OF ORISSA AT CUTTACK

FAO No.106 of 2020 M/s.HDFC ERGO G.I.Co. Ltd.

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Appellant Mr.A.A.Khan, Advocate -versusJamuna Sahoo and others .... Respondents Mr.Satyabrata Mohanty, Advocate for Respondent Nos.1 & 4

CORAM:

JUSTICE B. P. ROUTRAY

ORDER

8.8.2022 Order No.

5.

1. The matter is taken up through Hybrid mode.

2. Heard Mr.Khan, learned counsel for the Appellant and Mr.Mohanty, learned Advocate for Respondent Nos.1 and 4.

3. Present appeal by the Insurer is directed against impugned judgment/award dated 31st December, 2019 passed by the Commissioner for Employees' Compensation-Cum-Divisional Labour Commissioner, Dhenkanal in E.C.Case No.25 of 2016, wherein compensation to the tune of Rs.8,11,640/- has been granted on account of death of the deceased in course of his employment as a driver of Truck bearing registration no.AP-29TA-6644.

4. Having heard both parties and considering the grounds advanced, a reduced compensation of Rs.7,50,000/- consolidated is proposed to the parties in course of hearing. The same is agreed by Mr.Mohanty, learned counsel for the claimants-Respondent

Nos.1 and 4. Mr.Khan, learned counsel for the Insurer leaves it to the discretion of the Court. Accordingly, the amount is reduced to said extent.

5. Since the entire award amount has been deposited before the Commissioner for Employees' Compensation-Cum-Divisional Labour Commissioner, Dhenkanal, the Commissioner is directed to disburse the modified consolidated amount of Rs.7,50,000/- (Seven lakhs thousand) with proportionate accrued interest thereof in favour of the claimants within a period of two months from today. The balance amount with proportionate accrued interest thereof shall be refunded to the Insurer-Appellant.

6. The appeal is accordingly disposed of.

7. Urgent certified copy of this order be granted on proper application.

( B.P. Routray) Judge CRBiswal