The Manager Legal, M/S. Shriram G.I.Co. Ltd. Vs Mina Patra — Orissa HC (2024) — LawSathi Research

The Manager Legal, M/S. Shriram G.I.Co. Ltd. Vs Mina Patra — Orissa HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Appeal disposed of with compensation reduced to Rs.11,00,000/- consolidated; Commissioner directed to disburse this amount with proportionate accrued interest to the claimants within two months; balance amount with proportionate accrued interest to be refunded to the Insurer-Appellant; penalty and penal interest waived.

Issue for consideration

Challenge by the Insurer to the impugned judgment/award of the Commissioner granting compensation of Rs.16,14,000/- for the death of the deceased in course of employment, and the appropriate quantum of compensation.

Court's answer

Compensation under the impugned award is reduced to Rs.11,00,000/- consolidated; the reduction was proposed to the parties in course of hearing, agreed to by learned counsel for the claimant-Respondents, and counsel for the Insurer left the matter to the discretion of the Court.

Ratio / Principle

Since the entire award amount stands deposited, the Commissioner is directed to disburse the modified consolidated amount of Rs.11,00,000/- (Eleven lakhs) with proportionate accrued interest to the claimants within two months, and the balance amount with proportionate accrued interest shall be refunded to the Insurer-Appellant.

Key takeaways

The penalty and penal interest as directed by the learned Commissioner is waived.ratio¶¶20

Detailed headnote1 paragraphs

Employees' Compensation – Death of truck helper – Insurer's appeal against Commissioner's award of Rs.16,14,000/- – In course of hearing, reduced consolidated compensation of Rs.11,00,000/- proposed and accepted by counsel for claimant-Respondents, with counsel for the Insurer leaving the matter to the Court's discretion – Entire award already deposited – Commissioner directed to disburse Rs.11,00,000/- with proportionate accrued interest to claimants within two months – Balance with proportionate accrued interest refunded to Insurer-Appellant – Penalty and penal interest imposed by the Commissioner waived – Appeal disposed of.

IN THE HIGH COURT OF ORISSA AT CUTTACK

FAO No.147 of 2024

The Manager Legal, M/s.Shriram G.I.Co. Ltd.

…. Appellant Mr.A.A.Khan, Advocate

-versus-

Mina Patra and others

…. Respondents

Mr.D.Pattnaik, Advocate for Respondent No.1-5

CORAM:

JUSTICE B. P. ROUTRAY

ORDER

22.4.2024

Order No.

1. The matter is taken up through Hybrid mode.

Heard Mr.Khan learned counsel for the InsurerAppellant and Mr.Pattnaik, learned Advocate for claimantRespondent No.1 to 5.

Present appeal by the Insurer is directed against the impugned judgment/award dated 16^th January 2024 passed by the Commissioner for Employee’s Compensation-Cum-Joint Labour Commissioner, Cuttack, in E.C. Case No.09-D/2016, wherein compensation to the tune of Rs.16,14,000/- has been granted on account of death of the deceased in course of his employment as a helper of a Truch bearing registration no.OD-02-A-3514.

Signature Not Verified4. Having heard both parties and considering all such Digitally Signed Signed by: CHITTA RANJAN BISWALgrounds of challenge advanced, a reduced compensation of Reason: Authentication Location: Orissa High Court, Cutt ack Date: 25-Apr-2024 17:57:49 R s.11 ,00,000/- consolidated is proposed to the parties in course of

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hearing. The same is agreed by Mr.Pattnaik, learned counsel for claimant-Respondent No.1 to 5. Mr.Khan, learned counsel for the Insurer leaves it to the discretion of the Court. Accordingly, the amount is reduced to said extent.

Since entire award amount has been deposited before the Commissioner for Employee’s Compensation-Cum-Joint Labour Commissioner, Cuttack, the Commissioner is directed to disburse the modified consolidated amount of Rs.11,00,000/(Eleven lakhs) 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 the Insurer-Appellant. The penalty and penal interest as directed by learned Commissioner is waved.

The appeal is accordingly disposed of.

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

( B.P. Routray)

Judge

C.R.Biswal.

Signature Not Verified

Digitally Signed Signed by: CHITTA RANJAN BISWAL Reason: Authentication Location: Orissa High Court, Cutt ack Date: 25-Apr-2024 17:57:49

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