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2015 DAILYLAW 813 (ORI)

BIDABATI DEVI v. ARBIND SINGH

FAO/525/2015 · 2026-07-06

B P Routray

body2015

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK FAO No.525 of 2015 Bidabati Devi and another …. Appellants Mr. S.K. Dhir, Advocate on behalf of Mr. P.K. Mishra, Advocate -versus- Arbind Singh and another …. Respondents Mr. G.P. Dutta, Advocate for Respondent No.2 CORAM: JUSTICE B. P. ROUTRAY ORDER 06.07.2026 Order No. I.A. No.724 of 2015 03. 1. Heard Mr. S.K. Dhir, learned counsel on behalf of Mr. P.K. Mishra, learned counsel for Appellants-claimants and Mr. G.P. Dutta, learned counsel for Respondent No.2-insurer. 2. Upon hearing both parties and considering the grounds mentioned in the limitation petition, the delay in filing the appeal is condoned. 3. The I.A. is disposed of. FAO No.525 of 2015 4. Though this matter is listed under the heading “For Orders”, but on the request of both the parties, the same is taken up for final disposal. 5. It is submitted at the Bar that the parties have settled the issue outside the Court. 6. It needs to be mentioned here that since the insurer does not dispute validity of policy at the time of accident, notice on Respondent No.1 is dispensed with for the time being. Digitally Signed Signed by: BASANTA KUMAR BARIK Reason: Authentication Location: High Court of Orissa, Cuttack Date: 06-Jul-2026 18:05:39 Signature Not Verified 7. Present appeal by the claimants is directed against the judgment and award dated 02.06.20215 passed in E.C. Case No.37 of 2010 by the Commissioner for Employee’s Compensation-cum-Deputy Labour Commissioner, Sambalpur, wherein compensation to the tune of Rs.4,48,000/- has been granted to the claimants-Appellants on account of death of the deceased in course of and arising out of the employment as a helper in Truck bearing Registration No.WB-23-B-6421 belonging to Respondent No.1. 8. As stated earlier, it is submitted at the Bar that parties have agree to settle the claim amount at Rs.8,50,000/- consolidated. 9. Mr. Dhir, learned counsel for the Appellants-claimants as well as Mr. Dutta, learned counsel for the Respondent No.2 (insurer) agree for disposal of the appeal with modified compensation amount to the tune of Rs.8,50,000/- consolidated. As such, the claim amount is determined. 10. In the result, the appeal is disposed of with a direction to Respondent No.2-insurer to deposit Rs.8,50,000/- (Rupees Eight Lakhs Fifty-Thousand) consolidated before the learned Commissioner within two months from today, if not already deposited. The learned Commissioner shall disburse the same in favour of the claimants-Appellants accordingly. 11. An urgent certified of this order be granted on proper application. ( B.P. Routray) Judge B.K. Barik