Partly allowed

Regional Manager, M/S. Oriental Insurance Co. Ltd. v. Parbati Rout

Orissa HC4 Apr 2023FAO/112/2023

Case brief

AI extract

What is this about?

This appeal against an award of compensation in an employee compensation dispute was disposed of. The High Court condoned the delay and fixed the compensation amount at Rs. 8,00,000/- with interest, which was accepted by the respondents. The balance amount was directed to be refunded to the insurance company within eight weeks.

What did the court decide?

Compensation fixed at Rs. 8,00,000/- with proportionate interest. Balance to be refunded to insurer within eight weeks.

Regional Manager, M/S. Oriental Insurance Co. Ltd. Vs… — Company and Corporate | Orissa HC (2023)

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IN THE HIGH COURT OF ORISSA AT CUTTACK FAO No.112 of 2023

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…. Regional 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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Parbati Rout and others …. Respondents Mr. K.C. Nayak, Advocate for Respondent Nos.1 to 3

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CORAM:

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JUSTICE B. P. ROUTRAY

ORDER

04.04.2023

Order No.

I.A. No.193 of 2023

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Heard Mr. P.K. Mahali, learned counsel for the AppellantInsurance company and Mr. K.C. Nayak, learned counsel for Respondent Nos.1 to 3-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.112 of 2023

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Present appeal by the insurer is directed against the judgment and award dated 2.11.2022 passed in E.C. Case No.00003/2021 by the Commissioner for Employee’s Compensation-cumDivisional Labour Commissioner, Kendrapara wherein compensation to the tune of Rs.12,99,281/- 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

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Page 1 of 2

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employment as a driver in TATA Pick Up bearing Registration No.OD-05-F-2997 belonging to Respondent No.4.

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Upon hearing both the parties and considering all such grounds of challenge advanced, compensation of Rs.8,00,000/- (Rupees Eight Lakhs) consolidated is proposed to the parties in course of hearing. Mr. K.C. Nayak, learned counsel for the claimantsRespondent 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.8,00,000/- 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

Regional Manager, M/S. Oriental Insurance Co. Ltd. v. Parbati Rout

Case brief

What is this about?

What did the court decide?

Regional Manager, M/S. Oriental Insurance Co. Ltd. v. Parbati Rout

Case brief

What is this about?

What did the court decide?

What the court decided

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