Dismissed¶19

B.M.,Bajaj Allianz v. Laxmi Kanta Das

Orissa HC14 Dec 2024FAO/445/2014

Case brief

AI extract

What is this about?

Keywords: FAO No. 445 of 2014; Bajaj Allianz General Insurance Co. Ltd.; Employees Compensation; E.C. Case No. 01/2013; Commissioner for Employees Compensation, Berhampur, Ganjam; award Rs.6,69,338/- plus interest Rs.1,67,334/- totalling Rs.8,36,672/-; 50% penalty with 12% interest per annum; compromise/settlement Rs.1,00,000/-; Cheque No. 876707 dated 30.07.2024; appeal dismissed as infructuous; National Lok Adalat; Justice Savitri Ratho; respondents Laxmi Kanta Das and Shatrughana Sahu. Relevant for tracking disposition of insurance appeals rendered infructuous after out-of-court/in-court settlement. No statutory provisions or precedent cases are cited in this order.

What did the court decide?

In view of the reported compromise and deposit of the settled amount, the appeal is dismissed as infructuous. ¶19

B.M.,Bajaj Allianz Vs Laxmi Kanta Das — Orissa HC (2024) — LawSathi Research

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IN THE HIGH COURT OF ORISSA AT CUTTACK FAO No. 445 of 2014

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The Branch Manager, Bajaj Allianz General Insurance Co. Ltd., Berhampur, Ganjam

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Appellant

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Mr. G.P. Dutta, Advocate

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Vs.

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1. Laxmi Kanta Das …..

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2. Shatrughana Sahu

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Respondents

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CORAM:

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JUSTICE SAVITRI RATHO ORDER

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14.12.2024

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Order No. 08.

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(Through hybrid mode)

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Mr. G.P. Dutta, learned counsel for the appellant is present.

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This appeal has been filed by the appellant - Insurance Company, challenging the judgment and order dated 13.06.2014 passed by the Commissioner for Employees Compensation, Berhampur, Ganjam in E.C. Case No. 01/2013 directing the appellant - Insurance Company to pay an amount of Rs.6,69,338/- (Rupees Six Lakhs Sixty Nine Thousand Three Hundred Thirty Eight) only along with the interest of Rs.1,67,334/(Rupees One Lakh Sixty Seven Thousand Three Hundred Thirty Four) only totaling (Rs.6,69,338/- + Rs.1, 67, 334/-) = Rs.8, 36, 672/- (Rupees Eight Lakhs Thirty Six Thousand Six Hundred Seventy Two) only before the court within one month from the date of the order, failing which there

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was a direction for payment of 50% penalty with 12% interest per annum on the awarded amount.

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Mr. G.P. Dutta, learned counsel for the appellant submits that the appeal has been rendered infructuous as the matter has been compromised in the court of the learned Commissioner for Employees Compensationcum-Assistant Labour Commissioner, Berhampur, Ganjam (Odisha) for Rs.1,00, 000/- (Rupees One Lakh) only and vide Cheque bearing No. 876707 dated 30.07.2024, the amount has been deposited before the Commissioner. He files the receipt of compensation as well as the deposition of the respondents along with the memo which is taken on record.

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