IN THE HIGH COURT OF ORISSA AT CUTTACK
FAO No.363 of 2023
Divisional Manager, M/s. .... Appellant
National Insurance Co. Ltd.,
Mr. Nayan Behari Das, Adv.
-versus-
Sanjaya Kumar Samal & Anr. .... Respondents
Mr. Pradeep Ku. Mishra, Adv.
(for Respondent 1)
CORAM:
DR. JUSTICE S.K. PANIGRAHI
ORDER
Order No. 09.09.2023
02. 1. This matter is taken up through hybrid mode in the 3rd National Lok Adalat, 2023.
2. Learned counsel for the Appellant/Insurance Company and learned counsel for the Respondent No.1/ Claimant are present.
3. The Appellant/ Insurance Company has filed this FAO challenging the judgment and award dated 27.03.2023 passed by the Commissioner for Employee's Compensation and Divisional Labour Commissioner, Cuttack in E.C. Case No.378-/D of 2016 filed by the Signature Not Verified Page 1 of 3 Digitally Signed Signed by: LINGARAJ BEHERA Designation: Sr. Stenographer Reason: Authentication Location: Orissa High Court,Cuttack Date: 25-Sep-2023 13:11:55 // 2 // Respondent No.1 awarding a sum of Rs.11,86,934/- (Rupees Eleven Lakh Eighty-Six Thousand Nine Hundred and Thirty-Four only) in favour of Respondent No.1. The Appellant/ Insurance Company was also directed to deposit the said awarded amount with the Commissioner for Employee's Compensation and Divisional Labour Commissioner, Cuttack within a period of thirty days of passing of that order, failing which the Appellant/ Insurance Company shall be liable to pay 50 % penalty with 12 % interest per annum on the awarded amount.
4. At present, on the basis of the compromise made between the parties, the claim is settled by modifying/ reducing the amount awarded with a consolidated amount of Rs.6,00,000/- (Rupees Six Lakh only).
5. The Appellant /Insurance Company is directed to deposit the aforesaid consolidated award amount before the learned Commissioner for Employee's Compensation and Divisional Labour Commissioner, Cuttack in E.C. Case No.378-/D of 2016 within a period of two months, whereafter the same shall be disbursed in favour of the Claimant (s) in terms of the order and also after keeping Signature Not Verified Page 2 of 3 Digitally Signed Signed by: LINGARAJ BEHERA Designation: Sr. Stenographer Reason: Authentication Location: Orissa High Court,Cuttack Date: 25-Sep-2023 13:11:55 // 3 // proof of proper identification. The impugned award is modified to the above extent.
6. The FAO is, accordingly, disposed of.
7. The FAO having been disposed of in the 3rd National Lok Adalat, 2023, no Court fee is payable.
8. Certified copy of this order be issued as per Rules.
( Dr. S.K. Panigrahi, J.) 3rd National Lok Adalat, 2023 L. Behera Signature Not Verified Page 3 of 3 Digitally Signed Signed by: LINGARAJ BEHERA Designation: Sr. Stenographer Reason: Authentication Location: Orissa High Court,Cuttack Date: 25-Sep-2023 13:11:55