IN THE HIGH COURT OF ORISSA AT CUTTACK FAO No. 459 of 2024 The Divisional Manager, T.P. Cell, M/s. Oriental Insurance Co. Ltd., Bhubaneswar …. Appellant(s) Mr. Somnath Roy, Advocate being assisted by Mr. Sampark Sampad, Advocate -versus- Sarita Rana & others …. Respondent(s) Mr. D. Patnaik, Advocate Respondent Nos.1 to 3 CORAM: JUSTICE SIBO SANKAR MISHRA Order No. ORDER 20.02.2025 I.A. No.854 of 2024 03. 1. Heard Mr. Somnath Roy and Mr. Sampark Sampad learned counsels appearing for the appellant-Insurance Company and Mr. D. Patnaik, learned counsel for the respondent No.1 to 3-the claimant. 2. Upon hearing both the parties and considering the grounds mentioned in the limitation petition, the delay of 32 days in filing the appeal is condoned. 3. The I.A. is disposed of. (S.S. Mishra) Judge Order No. FAO No. 459 of 2024 02. 1. Present appeal by the insurer is directed against the judgment and award dated 12.06.2024 passed in E.C. Case No.349-D of 2017 by the Commissioner for Employee’s Compensation-cum-Divisional Labour Commissioner, Cuttack, wherein compensation to the tune of Rs.14,65,569/- including interest has been granted to the claimant- Respondent Nos.1 to 3 on account of the death of the deceased in course of and arising out of his employment as a driver in TATA ACE bearing Registration No.OD-17-B-3710 belonging to Respondent No.4 2. Upon hearing both the parties and considering all such grounds of challenge advanced and admission of owner, a reduced compensation of Rs.13,00,000/- (Rupees thirteen lakhs) consolidated is proposed to the parties in course of hearing. Mr. D. Patnaik, learned counsel for the claimant-respondent No.1 to 3 agrees to the same and Mr. Roy, learned counsel for appellant-Insurance Company leaves it to the discretion of the Court. The compensation amount is accordingly fixed to that extent. 3. Since the entire award amount has been deposited before the learned Commissioner, out of the said amount, a consolidated sum of Rs.13,00,000/- (Rupees thirteen lakhs) along with proportionate accrued interest be disbursed in favour of the claimant-Respondents No.1 to 3 within a period of eight weeks from today and the balance amount along with proportionate accrued interest thereon shall be refunded to the Appellant-Insurance Company within the same period on proper application. The penalty and penal interest is waived. 4. With the aforesaid modification of the award, the FAO is disposed of. 5. An urgent certified copy of this order be granted on proper application. (S.S. Mishra) Judge Subhasis Designation: Personal Assistant Location: High Court of Orissa, Cuttack.