Manager (T.P.Hub) M/S. Oriental Insurance Co. Ltd v. Sukanti Bindhani

IN THE HIGH COURT OF ORISSA AT CUTTACK

FAO No.268 of 2022 Manager(T.P.Hub), M/s.Oriental Insurance Co. Ltd.

....

Appellant Mr.S.Roy, Advocate -versusSukanti Bindhani and others .... Respondents Mr.K.C.Nayak, Advocate for Respondent Nos.1-6

CORAM:

JUSTICE B. P. ROUTRAY

ORDER

18.11.2022 Order No.

I.A.No.498 of 2022 2.

1.

The matter is taken up through Hybrid mode.

2.

Heard Mr.Roy, learned counsel for the InsurerAppellant and Mr.Nayak, learned Advocate for claimantsRespondent Nos.1 to 6. 3.

Upon hearing both parties and considering the grounds taken in the petition, delay in filing the appeal is condoned. 4.

The I.A. is disposed of.

FAO No.268 of 2022 5.

Present appeal by the Insurer is directed against impugned judgment/award dated 18th April, 2022 passed by the Commissioner for Employee's Compensation-Cum-Joint Labour Commissioner, Cuttack, in E.C.Case No.33-D/2014, wherein compensation to the tune of Rs.12,27,308/- has been granted on account of death of the deceased in course of his employment as a helper of a Truck bearing registration no.OR-09-F-6731.

6.

Having heard both parties and considering all such grounds of challenge advanced, a reduced compensation of Rs.4,50,000/- consolidated is proposed to the parties in course of hearing. The same is agreed by Mr.Nayak, learned counsel for the claimants-Respondent Nos.1 to 6. Mr.Roy, learned counsel for the Insurer leaves it to the discretion of the Court. Accordingly, the amount is reduced to said extent.

7.

Since the entire award amount has been deposited before the Commissioner for Employee's Compensation-CumJoint Labour Commissioner, Cuttack, the Commissioner is directed to disburse the modified consolidated amount of Rs.4,50,000/-(Four lakhs fifty 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.

8.

The appeal is accordingly disposed of.

9.

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

( B.P. Routray) Judge CRBiswal