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D.M., M/S Oriental Insurance Co.Ltd. v. Puspanjali Mohapatra

Orissa HC16 Dec 2022FAO/412/2022

Case brief

AI extract

What is this about?

The Division Bench of the High Court of Orissa disposed of an appeal against an employee compensation award. It reduced the compensation to Rs. 10,00,000/- by consent. It ordered disbursement of this reduced amount to claimants and refund of the balance to the insurer within eight weeks.

What did the court decide?

Appeal disposed of; compensation fixed at Rs. 10,00,000/-; payment to claimants and refund to insurer ordered within eight weeks.

D.M., M/S Oriental Insurance Co.Ltd. Vs… — Labour and Industrial Disputes | Orissa HC (2022)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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FAO No.412 of 2022 …. Divisional Manager, M/s.Oriental Appellant Insurance Co. Ltd.

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Mr. P.K. Mahali, Advocate

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-versus-

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…. Puspanjali Mohapatra and others Respondents Mr. P.K. Mishra, Advocate for Respondent Nos.1 to 3

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CORAM: JUSTICE B. P. ROUTRAY

ORDER

16.12.2022

Order No.

Heard Mr. P.K. Mahali, learned counsel for the AppellantInsurance Company and Mr. P.K. Mishra, learned counsel for the Respondent Nos.1 to 3-claimants.

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Present appeal by the insurer is directed against the judgment and award dated 19.09.2022 passed in E.C. Case No.409-D/2015 by the Commissioner for Employee’s Compensation-cum-Joint Labour Commissioner, Cuttack wherein compensation to the tune of Rs.14,35,858/- including interest has been granted to the claimants-Respondent Nos.1 to 3 on account of death of the deceased in course of and arising out of the employment as the helper in Truck bearing Registration No.OR-09-F-8413 belonging to Respondent No.4.

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Upon hearing both the parties and considering the grounds of challenge advanced, a reduced compensation of Rs.10,00,000/(Rupees Ten Lakhs) consolidated is proposed to the parties in course of hearing. Mr. P.K. Mishra, learned counsel for the

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Page 1 of 2

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claimants-Respondent Nos.1 to 3 agrees to the same and Mr. P.K. Mahali, learned counsel for Appellant-Insurance 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.10,00,000/- along with proportionate accrued interest be disbursed in favour of the claimants-Respondent Nos.1 to 3 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

D.M., M/S Oriental Insurance Co.Ltd. v. Puspanjali Mohapatra

Case brief

What is this about?

What did the court decide?

D.M., M/S Oriental Insurance Co.Ltd. v. Puspanjali Mohapatra

Case brief

What is this about?

What did the court decide?

What the court decided

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