Allowed

The Authorised Signatory, Icici Lombard General Insurance Co. Ltd., Bbsr v. Purnima Jena

Orissa HC14 Sept 2023WP(C)/26301/2023

Case brief

AI extract

What is this about?

The High Court of Orissa, citing a two-day delay in depositing the awarded compensation, directed the insurer to deposit the amount within two weeks and ordered the lower authority to accept it and close the Employee Compensation case without further rehearing.

What did the court decide?

Directed the petitioner to deposit the awarded amount within two weeks; orders the lower authority to accept the deposit and close the case.

The Authorised Signatory, Icici Lombard… — Civil Procedure and Limitation | Orissa HC (2023)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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W.P.(C) No.26301 of 2023

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The Authorised Signatory, ICICI …. Petitioner Lombard General Insurance Co. Ltd., Bhubaneswar

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Mr. Santanu Kumar Sarangi, Sr. Adv. Along with

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Mr. Sudeep Kumar Sarangi, Adv.

-versus-

Order No.

Purnima Jena and Ors. …. Opp. Parties
Mr. Pradeep Kumar Mishra, Adv.
(for O.P.1)
CORAM:
DR. JUSTICE S.K. PANIGRAHI
ORDER
14.09.2023

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1 . This matter is taken up through hybrid arrangement. 2 . In this Writ Petition, the Petitioner/ Insurance Company assails the order dated 31.07.2023 under Annexure-5 passed by the Opposite Party No.3/ Commissioner For Employee’s Compensation-cum- Joint Labour Commissioner, Angul in E.C. Case No.11 of 2022 rejecting the petition filed by it to recall the attachment order and to allow it for participating in the hearing. The Petitioner/ Company further seeks a direction from this

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Signature Not Verified

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Page 1 of 8

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Digitally Signed Signed by: BHABAGRAHI JHANKAR Designation: Assistant Registrar-cum-Senior Secretary Reason: Authentication Location: HIGH COURT OF ORISSA, CUT TACK Date: 15-Sep-2023 14:14:06

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// 2 //

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Court to the Opposite Party No.3/ Commissioner For Employee’s Compensation-cumJoint Labour Commissioner, Angul to close the E.C. Case No.11 of 2022 on receipt of the awarded amount of Rs.7,78,128/-. 3 . Heard learned counsel for the Parties.

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4 . The brief fact of the case is that the Opposite Party No.1/ claimant had filed E.C. Case No.11 of 2022 before the Opposite Party No.3/ Commissioner For Employee’s Compensation-cum- Joint Labour Commissioner, Angul claiming compensation of Rs.20,00,000/- along with interest on account of death of her husband Bijay Kumar Jena who was allegedly working as Driver of the truck bearing No.OD-7F-1428 of the Opposite Party No.2. Further case of the Opposite Party No.1/ claimant is that on 25.09.2022 at about 10.00 P.M. the said deceased Bijaya Kumar Jena after parking his truck while he was crossing the road to take dinner in the hotel met with an accident and sustained injuries and succumbed to the injuries at Sub-Divisional Hospital, Mandapal, Talcher before getting any medical treatment.

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5 . Alleged the deceased was earning a sum of Rs.15,000/per month and was aged about 55 years, the aforesaid amount was claimed by the Opposite Party No.1/ claimant in the foresaid case.

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Page 2 of 8

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Signature Not Verified

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Digitally Signed Signed by: BHABAGRAHI JHANKAR Designation: Assistant Registrar-cum-Senior Secretary Reason: Authentication Location: HIGH COURT OF ORISSA, CUT TACK Date: 15-Sep-2023 14:14:06

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// 3 //

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6 . Considering rival pleadings made by the Parties, four issues were framed by the Opposite Party No.3/ Commissioner For Employee’s Compensation-cum- Joint Labour Commissioner, Angul. After hearing the parties and perusing the documents and evidence on record, the Opposite Party No.3/ Commissioner For Employee’s Compensation-cum- Joint Labour Commissioner, Angul passed the award dated 16^th January, 2023 directing the present Petitioner/ Insurance Company to deposit the compensation amount of Rs.7,78,128/- only to the Opposite Party No.1/ claimant within a period of thirty days of pronouncement of the order/ judgment. It was further directed that if the present Petitioner/ Insurance Company failed to deposit the awarded compensation amount within the stipulated time of thirty days, the same would carry simple interest @ 12 per cent per annum from the date of death of the deceased i.e. with effect from 25.09.2022 till the date of actual payment.

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7 . The said judgment was sent to the Petitioner/ Insurance Company through speed post. On receipt of the copy of the said award on 18.01.2023, bank draft of Rs.7,78,128/dated 09.02.2023 was prepared and deposited with the Opposite Party No.3/ Commissioner For Employee’s Compensation-cum- Joint Labour Commissioner, Angul Page 3 of 8

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Signature Not Verified

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Digitally Signed Signed by: BHABAGRAHI JHANKAR Designation: Assistant Registrar-cum-Senior Secretary Reason: Authentication Location: HIGH COURT OF ORISSA, CUT TACK Date: 15-Sep-2023 14:14:06

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// 4 //

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on 16.02.2023. However, on the basis of the application filed by the Opposite Party No.1/ claimant, the Opposite Party No.3/ Commissioner For Employee’s Compensation-cum- Joint Labour Commissioner, Angul refused to accept the said draft and instead passed the order on 16.02.2023 indicating therein that the Advocate for the Petitioner/ Insurance Company (Opposite Party No.2 therein) had deposited the cheque. That apart, it was observed that since 30 days had expired on 14.02.2023, there was no compliance of the order. Accordingly, the said cheque was directed to be returned to the Petitioner/ Insurance Company. In furtherance of the said cheque, the draft in question was returned to the Petitioner/ Insurance Company vide letter dated 17.04.2023 through speed post.

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8 . In the meantime, the Opposite Party No.1/ claimant had filed an application before the Opposite Party No.3/ Commissioner For Employee’s Compensation-cum- Joint Labour Commissioner, Angul seeking an order to attach the bank account of the Petitioner/ Insurance Company with the ICICI Bank to realize the awarded compensation amount with interest. Considering the said petition of the Opposite Party No.1/claimant, the Opposite Party No.3/ Commissioner For Employee’s Compensation-cum- Joint

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Page 4 of 8

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Signature Not Verified

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Digitally Signed Signed by: BHABAGRAHI JHANKAR Designation: Assistant Registrar-cum-Senior Secretary Reason: Authentication Location: HIGH COURT OF ORISSA, CUT TACK Date: 15-Sep-2023 14:14:06

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// 5 //

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Labour Commissioner, Angul passed the order dated 24.07.2023 directing the bankers of the Petitioner/ Insurance Company to attach the bank account of the Petitioner/ Insurance Company and to send the direction amount to that court in the shape of Pay Order.

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9 . Thereafter, the Petitioner/ Insurance Company filed a petition to recall the attachment order dated 24.07.2023 and to allow the Petitioner/ Insurance Company for participating in the hearing. However, the Opposite Party No.3/ Commissioner For Employee’s Compensationcum- Joint Labour Commissioner, Angul vide order dated 31.07.2023 rejected the petition of the Petitioner/ Insurance Company holding that the case was awaiting Pay Order from the Bank. Hence, this Writ Petition.

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10 . Learned Senior Counsel appearing for the Petitioner/ Insurance Company submits that though the Petitioner/ Insurance Company had approached the Opposite Party No.3/ Commissioner For Employee’s Compensationcum- Joint Labour Commissioner, Angul along with the bank draft of Rs.7,78,128/- dated 09.02.2023, but the same

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was not accepted by the Opposite Party No.3/ Commissioner For Employee’s Compensation-cum- Joint Labour Commissioner, Angul. He further argues that though the Petitioner/ Insurance Company had complied

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Page 5 of 8

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Digitally Signed Signed by: BHABAGRAHI JHANKAR Designation: Assistant Registrar-cum-Senior Secretary Reason: Authentication Location: HIGH COURT OF ORISSA, CUT TACK Date: 15-Sep-2023 14:14:06

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Signature Not Verified

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// 6 //

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the order of the Opposite Party No.3/ Commissioner For Employee’s Compensation-cumJoint Labour Commissioner, Angul, but not only the bank draft had been returned but also interest had been imposed on the Petitioner/ Insurance Comapnay. In such view of the matter, he argues that the prayer of the Petitioner/ Insurance Company may be allowed quashing the order dated 31.07.2023 under Annexure-5 passed by the Opposite Party No.3/ Commissioner For Employee’s Compensation-cum- Joint Labour Commissioner, Angul in E.C. Case No.11 of 2022 and a direction may be issued to the Opposite Party No.3/ Commissioner For Employee’s Compensation-cumJoint Labour Commissioner, Angul to close the E.C. Case No.11 of 2022 accepting the awarded amount of Rs.7,78,128/-.

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11 . Learned counsel for the Opposite Party No.1/ claimant, in reply, submits that the awarded amount was directed to be deposited within a period of 30 days of pronouncement of the judgment/ order i.e. by 14.02.2023. However, the Petitioner/ Insurance Company had deposited the awarded amount before the Opposite Party No.3/ Commissioner For Employee’s Compensationcum- Joint Labour Commissioner, Angul on 16.02.2023. Therefore, the Petitioner/ Insurance Company would

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Page 6 of 8

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Signature Not Verified

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Digitally Signed Signed by: BHABAGRAHI JHANKAR Designation: Assistant Registrar-cum-Senior Secretary Reason: Authentication Location: HIGH COURT OF ORISSA, CUT TACK Date: 15-Sep-2023 14:14:06

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liable to pay penal interest on the awarded compensation amount.

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12. Considering the rival submissions made by the learned counsel for the Parties and on applying the judicious mind carefully on the materials available on records, this Court is of the view that the bank draft of Rs.7,78,128/dated 09.02.2023 submitted by the Petitioner/ Insurance Company should have been accepted by the Opposite Party No.3/ Commissioner For Employee’s Compensation-cumJoint Labour Commissioner, Angul because of the fact that there was delay of only two days in depositing the awarded amount.

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13 . In such view of the matter, the Petitioner/ Insurance Company is directed to deposit the awarded amount by way of bank draft with the Opposite Party No.3/ Commissioner For Employee’s Compensation-cum- Joint Labour Commissioner, Angul in E.C. Case No.11 of 2022 within a period of two weeks from today. In such event, the Opposite Party No.3/ Commissioner For Employee’s Compensation-cum- Joint Labour Commissioner, Angul shall accept the same in order to disburse the same to the Opposite Party No.1/ claimant and close the E.C. Case No.11 of 2022 pending before it.

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Page 7 of 8

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Signature Not Verified

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Digitally Signed Signed by: BHABAGRAHI JHANKAR Designation: Assistant Registrar-cum-Senior Secretary Reason: Authentication Location: HIGH COURT OF ORISSA, CUT TACK Date: 15-Sep-2023 14:14:06

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// 8 //

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14 . With the above observations, this Writ Petition is disposed of.

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

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( Dr. S.K. Panigrahi)

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B.Jhankar

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Digitally Signed Signed by: BHABAGRAHI JHANKAR Designation: Assistant Registrar-cum-Senior Secretary Reason: Authentication Location: HIGH COURT OF ORISSA, CUT TACK Date: 15-Sep-2023 14:14:06

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Page 8 of 8

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Signature Not Verified

The Authorised Signatory, Icici Lombard General Insurance Co. Ltd., Bbsr v. Purnima Jena

Case brief

What is this about?

What did the court decide?

The Authorised Signatory, Icici Lombard General Insurance Co. Ltd., Bbsr v. Purnima Jena

Case brief

What is this about?

What did the court decide?

What the court decided

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