The Regional Manager vs Pratap Malik And Another
2022 Latest Caselaw 1448 Ori

                    IN THE HIGH COURT OF ORISSA AT CUTTACK
                                  FAO No.200 of 2021
            The Regional Manager, M/s.New India ....              Appellant
            Assurance Company Limited
              Mr. J. Ghosh, Advocate on behalf of Mr.B.C. Singh, Advocate
                                      -versus-
            Pratap Malik and another                ....       Respondents
                           Mr. P.K. Mishra, Advocate for Respondent No.1

                        CORAM:
                        JUSTICE B. P. ROUTRAY
                                      ORDER

18.02.2022 Order No.

02. 1. Heard Mr. J. Ghosh, learned counsel on behalf of Mr. B.C.

Singh for the Appellant-Insurance Company as well as Mr. P.K. Mishra, learned counsel for the claimant-Respondent No.1.

2. Present appeal by the insurer is directed against the judgment and award dated 8.7.2021 passed in E.C. Case No.104/2015 by the Commissioner for Employee's Compensation-cum- Divisional Labour Commissioner, Odisha, Bhubaneswar wherein compensation to the tune of Rs.4,95,140/- has been granted to the claimant-Respondent No.1 on account of injury sustained by him in course of and arising out of the employment as a labourer in the Truck bearing Registration No.OR-04-D-8415.

3. In course of hearing, a reduced compensation of Rs.4,00,000/- consolidated is proposed. Learned counsel for the claimant- Respondent No.1 agrees to the same and Mr. J. Ghose, learned counsel on behalf of Mr. B.C. Singh for Appellant-Insurance

Company leaves it to the discretion of the Court. The compensation amount is accordingly fixed to that extent.

4. Since the entire award amount has been deposited before the learned Commissioner, out of the said amount, a sum of Rs.4,00,000/- along with proportionate accrued interest be disbursed in favour of the claimant-Respondent No.1 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.

5. With aforesaid modification of the award, the FAO is disposed of.

6. An urgent certified copy of this order be granted on proper application.

( B.P. Routray) Judge

B.K. Barik