The Divisional Manager, New India Assurance Co. Ltd. v. Gitanjali Sahu

IN THE HIGH COURT OF ORISSA AT CUTTACK

FAO No.598 of 2020 The Divisional Manager, New India Assurance Co. Ltd.

....

Appellant Mr. S. Roy, Advocate -versusSmt. Gitanjali Sahu and others ....

Respondents Mr. A. Das, Advocate for Respondent Nos.1 to 3

CORAM:

JUSTICE B. P. ROUTRAY

ORDER

09.09.2022 Order No.

03.

1. Heard Mr. S. Roy, learned counsel for the Appellant-Insurance Company and Mr. A. Das, learned counsel for the Respondent Nos.1 to 3-claimants.

2. Present appeal by the insurer is directed against the judgment and award dated 10.02.2020 passed in E.C. No.91/2014 by the Commissioner for Employee's Compensation-cum-Divisional Labour Commissioner, Berhampur, Ganjam wherein compensation to the tune of Rs.7,30,201/- including interest has been granted to the claimants on account of death of the deceased in course of and arising out of the employment as the conductor in a passenger Bus bearing Registration No.OR-07-T-0999.

3. As submitted by the parties, the contentious issue involved in the appeal is regarding payment of interest which by now has already been settled in several decisions based on the principles

propounded in the case of Pratap Narain Singh Deo vs. Srinivas Sabata and another, AIR 1976 SC 222. Further this Court in the case of Deputy Chief Engineer (Construction-I), East Coast Railway, Khurda Road Division, At/P.O.-Jatni, Dist.-Khurda vs. K. Summon Reddy and another (disposed of on 4th May, 2022 in FAO No.535 of 2014) have held that interest is payable from the date of accident. As such nothing more is left to be decided in the appeal.

4. In the result, the appeal is dismissed and the AppellantInsurance Company is directed to deposit the interest amount in terms of direction of the learned Commissioner within a period of eight weeks from today, which shall be disbursed in favour of the claimants without delay.

( B.P. Routray) Judge B.K. Barik