Divisional Manager M/S Oriental Insurance Co.Ltd. v. Bimbali Dei

IN THE HIGH COURT OF ORISSA AT CUTTACK

FAO No.270 of 2021 Divisional Manager, M/s. Oriental Insurance Company Ltd.

....

Appellant Mr. Nayan Behari Das, Advocate -versusBimbali Dei and Others ....

Respondents Mr. P.K. Mishra, counsel for Respondent Nos.1 & 2

CORAM:

SHRI JUSTICE B. P. ROUTRAY

ORDER

26.4.2022 Order No.

02.

1.

Heard Mr. N.B. Das, learned counsel for the insurer-Appellant and Mr. P.K. Mishra, learned counsel for claimant Respondents 1&2. 2.

Present appeal by the insurer is directed against the impugned judgment dated 20th September, 2021 of the learned Commissioner for Employee's Compensation-cum-Divisional Labour Commissioner, Cuttack in E.C. Case Nos.645-D of 2015 wherein compensation to the tune of Rs.7,81,700/- including interest has been awarded on account of death of the deceased in course of and arising out of his employment as Operator of Power Tiller.

3.

Upon hearing both the parties and considering the grounds of challenge, a reduced compensation of Rs.4,00,000/- consolidated is proposed to the parties in course of hearing. This is agreed by Mr. Mishra, learned counsel for the claimant-Respondents and Mr. Das,

learned counsel for the insurer leaves it to the discretion of the Court. As such, the amount is fixed to the above extent. 4.

Since the entire compensation amount has already been deposited before the learned Commissioner, out of the same a consolidated sum of Rs.4,00,000/- (four 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.

With aforesaid modification of 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