Partly allowed

Regional Manager(T.P Hub),M/S. Oriental Insurance Company Ltd. v. Mamata Biswal

Orissa HC16 Dec 2022FAO/274/2022

Case brief

AI extract

What is this about?

The High Court of Orissa disposed of a First Appeal against an Industrial Tribunal award fixing compensation for death. The appeal was decided on modified terms of the compensation amount, which was reduced upon consent of the claimants, directing the insurer to disburse the reduced sum and refund the balance to itself.

What did the court decide?

Compensation fixed at Rs. 15,60,000 congruent to claimant's consent; directive to disburse and refund balance within eight weeks; FAO disposed.

Regional Manager(T.P Hub),M/S. Oriental… — Pension and Retirement Benefits | Orissa HC (2022)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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FAO No.274 of 2022

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…. Regional Manager (T.P. Hub), Appellant M/s.Oriental Insurance Co.Ltd.

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Mr. P.K. Mahali, Advocate

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-versus-

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Mamata Biswal and others …. Respondents Mr. D. Pattnaik, Advocate for Respondent Nos.1 to 5

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CORAM:

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JUSTICE B. P. ROUTRAY

ORDER

16.12.2022

Order No.

I.A. No.403 of 2022

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Heard Mr. P.K. Mahali, learned counsel for the AppellantInsurance Company and Mr. D. Patnaik, learned counsel for the Respondent Nos.1 to 5-claimants.

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

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The I.A. is disposed of.

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FAO No.274 of 2022

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Present appeal by the insurer is directed against the judgment and award dated 26.04.2022 passed in E.C. Case No.32-J/2020 by the Commissioner for Employee’s Compensation-cum-Joint Labour Commissioner, Cuttack wherein compensation to the tune of Rs.21,40,556/- including interest has been granted to the claimants-Respondent Nos.1 to 5 on account of death of the

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Page 1 of 2

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deceased in course of and arising out of the employment as the operator in the worksite of Respondent No.6.

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Upon hearing both the parties and considering the grounds of challenge advanced, a reduced compensation of Rs.15,60,000/(Rupees Fifteen Lakhs Sixty Thousand) consolidated is proposed to the parties in course of hearing. Mr. D. Patnaik, learned counsel for the claimants-Respondent Nos.1 to 5 agrees to the same and Mr. P.K. Mahali, learned counsel for AppellantInsurance Company leaves it to the discretion of the Court. The compensation amount is accordingly fixed to that extent.

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Since the entire award amount has been deposited before the learned Commissioner, out of the said amount, a sum of Rs.15,60,000/- along with proportionate accrued interest be disbursed in favour of the claimants-Respondent Nos.1 to 5 within a period of eight weeks from today and the balance amount along with proportionate accrued interest thereon shall be refunded to the Appellant-Insurance Company within the same period on proper application.

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With aforesaid modification of the award, the FAO is disposed of.

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An urgent certified copy of this order be granted on proper application.

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( B.P. Routray) Judge

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B.K. Barik

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Page 2 of 2

Regional Manager(T.P Hub),M/S. Oriental Insurance Company Ltd. v. Mamata Biswal

Case brief

What is this about?

What did the court decide?

Regional Manager(T.P Hub),M/S. Oriental Insurance Company Ltd. v. Mamata Biswal

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

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