Calcutta High Court
FMA/543/2025 of THE ORIENTAL INS CO LTD Vs BIPUL DAS @ VIPLAV AND ANR on 19 May 2026
Item No.22 Court No.11 Avijit Mitra FMA 543 of 2025 with IA No.CAN 1 of 2025 The Oriental Insurance Company Ltd. - Versus – Bipul Das @ Viplav & anr. Mr. Rajesh Singh ….for the appellant Mr. Chinmay Kumar Saha …. for the respondent no.1 The present appeal has been
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19.05.2026 Item No.22 Court No.11 Avijit Mitra FMA 543 of 2025 with IA No.CAN 1 of 2025 The Oriental Insurance Company Ltd.
- Versus –
Bipul Das @ Viplav & anr. Mr. Rajesh Singh ….for the appellant Mr. Chinmay Kumar Saha …. for the respondent no.1 The present appeal has been preferred assailing the legality and/or propriety of the judgment dated 07.02.2025 passed by the Commissioner, Employees’ Compensation, 1st Court, West Bengal in Claim Case No. 250 of 2013, whereby compensation of Rs. 9,32,410/- together with interest @ 12% per annum accruing thereon from the expiry of one month from the date of the accident was awarded in favour of the claimants. At the time of presentation of the appeal, an amount of Rs. 21,97,766/- was deposited by the appellant before the Commissioner in terms of Section 30 of the Employees’ Compensation Act and also pursuant to an order passed by this Court on 2nd July, 2025. On 12.05.2026, when the matter was last taken up for hearing, having regard to the submissions advanced on behalf of the respective parties, we found that there existed a possibility of reconciliation and, accordingly, some further time was granted to the parties. Ultimately, the parties have amicably settled the dispute and the claim has been fully and finally settled at Rs. 9,00,000/- (Rupees Nine Lakhs) only. We are inclined to honour such settlement. Accordingly, it is ordered that the claim stands fully and finally settled at Rs. 9,00,000/-. The claimant shall be at liberty to withdraw Rs. 9,00,000/-, and the insurer shall be at liberty to withdraw the remaining amount along with accrued interest, if any. The Commissioner shall also ensure that, upon receipt of applications from the respective parties, the amounts are disbursed in their favour expeditiously. Accordingly, the appeal and the connected application are disposed of. There shall, however, be no order as to costs. Urgent photostat certified copy of this order, if applied for, be given to the learned advocates for the parties. (Partha Sarathi Chatterjee, J.) (Tapabrata Chakraborty, J.) 2