Dismissed

Divisional Manager, Oriental Insurance Co. Ltd., v. Debasmita Mishra

Orissa HC17 Nov 2022FAO/958/2019

Case brief

AI extract

What is this about?

Appeal against Employee's Compensation Commissioner's award fixing compensation on account of employee's death. Court accepted arbitrators' proposal of Rs.5.5 lakhs, ordered payment to claimant from deposited funds and refund balance to insurer.

What did the court decide?

Consolidated sum of Rs.5,50,000 be disbursed to claimants within two months; balance refunded to insurer.

Divisional Manager, Oriental Insurance Co. Ltd., Vs Debasmita Mishra — Insurance | Orissa HC (2022)

¶1

IN THE HIGH COURT OF ORISSA AT CUTTACK FAO No.958 of 2019

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Divisional Manager, Oriental Insurance Company Ltd.

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…. Appellant

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Mr. Subrat Satpathy, Advocate

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-versus-

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Smt. Debasmita Mishra and Others

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…. Respondents

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Mr. P.K. Nayak, Counsel for Respondents 1-3

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CORAM:

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SHRI JUSTICE B. P. ROUTRAY

ORDER

17.11.2022

Order No.

The matter is taken through hybrid mode.

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Heard Mr. S. Satpathy, learned counsel for the Appellant – insurer and Mr. P.K. Nayak, learned counsel for claimant – Respondents 1-3.

¶17

Present appeal is directed against the impugned award dated 16^th August, 2018 passed by the learned Commissioner for Employee’s Compensation-cum-Divisional Labour Commissioner, Cuttack in E.C. Case No.145-D of 2009 wherein compensation to the tune of Rs.6,67,638/- including interest has been awarded on account of death of the deceased Saroj Kumar Mishra arising out of and in course of his employment as helper in the truck bearing registration number OR 04 9073.

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Upon hearing both parties and considering all such grounds advanced, a consolidated sum of Rs.5,50,000/- is proposed to the parties. This is agreed by Mr. Nayak, learned counsel for the claimant

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– respondents and Mr. Satpathy, learned counsel for the insurer leaves it to the discretion of the court. Accordingly the compensation is fixed to the said extent.

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Since the entire compensation amount has already been deposited before the learned Commissioner, out of the same a consolidated sum of Rs.5,50,000/- (five lakh fifty thousand) along with accrued interest thereof be disbursed in favour of the claimant – Respondents within a period of two months from today. The rest amount along with proportionate accrued interest be refunded to the insurer – Appellant.

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The appeal is disposed of.

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An urgent certified copy of this order be issued as per rules.

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( B.P. Routray)

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Judge

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M.K.Panda

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Page 2 of 2

Divisional Manager, Oriental Insurance Co. Ltd., v. Debasmita Mishra

Case brief

What is this about?

What did the court decide?

Divisional Manager, Oriental Insurance Co. Ltd., v. Debasmita Mishra

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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