Disposed

Oriental Insurance Company Ltd. v. Brahmananda Sahoo

Orissa HC4 Apr 2023FAO/70/2023

Case brief

AI extract

What is this about?

The High Court disposed of an insurer's appeal against a Commissioner's award regarding death compensation. The court reduced the compensation from ₹14,49,964 to ₹12,25,000 upon agreement, directed the Commissioner to disburse this lower amount with interest, and ordered the refund of the balance to the insurer within two months.

What did the court decide?

The appeal was disposed of; the Commissioner directed to pay Rs.12,25,000 plus interest to claimants and refund the balance to the insurer within two months.

Oriental Insurance Company Ltd. Vs Brahmananda Sahoo — Insurance | Orissa HC (2023)

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IN THE HIGH COURT OF ORISSA AT CUTTACK FAO No.70 of 2023

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Oriental Insurance Company Ltd.

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…. Appellant Mr.S.Roy, Advocate

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-versus-

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Brahmananda Sahoo and others …. Respondents

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

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CORAM:

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JUSTICE B. P. ROUTRAY

ORDER

4.4.2023

Order No. 5.

The matter is taken up through Hybrid mode.

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Heard Mr.Roy, learned counsel for the InsurerAppellant and Mr.Mishra, learned Advocate for claimantRespondent Nos.1 & 2.

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Present appeal by the Insurer is directed against impugned judgment/award dated 14^th December, 2022 passed by the Commissioner for Employee’s Compensation-CumDivisional Labour Commissioner, Cuttack, in E.C.Case No.330D of 2016, wherein compensation to the tune of Rs.14,49,964/has been granted along with interest on account of death of the deceased in course of his employment as a helper of Truck bearing Registration No.OIC-5017.

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Having heard both parties and considering all such grounds of challenge advanced, a reduced compensation of Rs.12,25,000/- consolidated is proposed to the parties in course of

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Page 1 of 2

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hearing. The same is agreed by Mr.Mishra, learned counsel for the claimants-Respondent Nos.1 & 2. Mr.Roy, learned counsel for the Insurer leaves it to the discretion of the Court. Accordingly, the amount is reduced to said extent.

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Since the entire award amount has been deposited before the Commissioner for Employee’s Compensation-CumDivisional Labour Commissioner, Cuttack, the Commissioner is directed to disburse the modified consolidated amount of Rs.12,25,000/-(Twelve lakhs twenty five thousand) with proportionate accrued interest thereof in favour of the claimants within a period of two months from today. The balance amount with proportionate accrued interest thereof shall be refunded to

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the Insurer-Appellant.

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The appeal is accordingly disposed of.

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Urgent certified copy of this order be granted on proper application.

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( B.P. Routray) Judge

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C.R.Biswal

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Oriental Insurance Company Ltd. v. Brahmananda Sahoo

Case brief

What is this about?

What did the court decide?

Oriental Insurance Company Ltd. v. Brahmananda Sahoo

Case brief

What is this about?

What did the court decide?

What the court decided

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