The Divisional Manager vs Sadananda Nath And Another
2021 Latest Caselaw 12458 Ori

                     IN THE HIGH COURT OF ORISSA AT CUTTACK

                                   FAO No.121 of 2021

            The Divisional Manager,
            M/s.Cholamandalam MS General
            Insurance Company Limited.           ....         Appellant
                                           Mr.Adam Ali Khan, Advocate
                                     -versus-
            Sadananda Nath and another           ....        Respondents
                                    Mr.Biranachi Narayan Rath, Advocate
                                                  (for Respondent No.1)

                         CORAM:
                         JUSTICE B. P. ROUTRAY
                                         ORDER

4.12.2021 Order No.

6. 1. Heard Mr.Khan, learned counsel for the Appellant and Mr.Rath, learned counsel for Respondent No.1.

2. The present appeal by the Insurer is against the judgment/award dated 16th December, 2020 passed by the Commissioner for Employee's Compensation-Cum-Joint Labour Commissioner, Cuttack in E.C.Case No.440-D/2017.

3. Learned Commissioner has granted compensation of Rs.8,94,820/- to the claimant for sustaining injury in the accident dated 9th November, 2017 in course of his employment. The claimant was serving as a driver in the truck bearing registration No.OD-04D-2186.

4. It is submitted by the learned counsel for Appellant that, since the D.L. of the claimant, who has already crossed the age of forty, has been renewed after the accident in terms of Rule 5 and 18 of the Central Motor Vehicle Rules, 1989, it is therefore deemed that he has not sustained any disability and as such, his claim for sustaining temporary disability up to 40% is not correct. So the loss of future earning to the extent of 65% as calculated by the Commissioner is erroneous.

5. Having heard respective counsels for both parties and upon perusal of the impugned judgement so also considering the materials brought on record, the amount of compensation is reduced to a consolidated sum of Rs.4,50,000/- (Four lakhs fifty thousand). The claimant-respondent agrees to the aforesaid amount of compensation.

6. Accordingly, the Commissioner for Employee's Compensation-Cum-Joint Labour Commissioner is directed to disburse the consolidated award amount with proportionate accrued interest thereon in favour of the claimant. The balance amount with proportionate accrued interest thereof shall be refunded to the Insurance Company. The impugned award is modified to the above extent.

7. The appeal is disposed of.

( B.P. Routray) Judge

C.R.Biswal