Divisional Manager(T.P. Cell), M/S.New India Assurance Company Limited,Cuttack v. Gitanjali Mallick
Case brief
What is this about?
Employee compensation death claim appeal; FAO No.53 of 2025; High Court of Orissa at Cuttack; order dated 23.06.2025 by Dr. Justice S.K. Panigrahi; New India Assurance Company Limited as appellant-insurer; impugned award dated 10.12.2024 by Commissioner for Employee's Compensation-cum-Joint Labour Commissioner, Cuttack in E.C. Case No.175/2023; original compensation Rs.18,03,714/- for death of driver of Pick-up OD33-U-4647; insurer's dispute of death and income rejected for want of evidence; compensation reduced to Rs.14,50,000/- consolidated; claimants' counsel agreed, insurer left to Court's discretion; disbursement with proportionate accrued interest within two months; balance refunded to Insurer-Appellant; waiver of 50% of penalty and penal interest @ 12%; appeal disposed of.
What did the court decide?
Compensation reduced to Rs.14,50,000/- consolidated; Commissioner directed to disburse the reduced consolidated amount with proportionate accrued interest to the claimants within two months; balance amount with proportionate accrued interest refunded to the Insurer-Appellant; 50% of the penalty and penal interest @ 12% directed by the Commissioner waived.