The Divisional Manager vs Srinibas Swain And Another
2022 Latest Caselaw 1537 Ori

                    IN THE HIGH COURT OF ORISSA AT CUTTACK

                                   FAO No.286 of 2021

            The Divisional Manager, M/s.National ....            Appellant
            Insurance Co. Ltd.
                                             Mr. S.K. Mohanty, Advocate
                                      -versus-
            Srinibas Swain and another             ....       Respondents
                           Mr. P.K. Mishra, Advocate for Respondent No.1

                        CORAM:
                        JUSTICE B. P. ROUTRAY

                                      ORDER

25.02.2022 Order No.

01. 1. Heard Mr. S.K. Mohanty, learned counsel 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 30.7.2021 passed in E.C. Case No.659-D/2015 by the Commissioner for Employee's Compensation-cum-Joint Labour Commissioner, Cuttack wherein compensation to the tune of Rs.13,64,947/- 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 the driver in Bolero bearing Registration No.OR-21-D-7511.

3. It is submitted on behalf of the Appellant that the learned Commissioner has taken the income on higher side resulting higher compensation.

4. In course of hearing, a reduced compensation of Rs.7,30,000/- (Rupees Seven Lakhs Thirty Thousand) consolidated is proposed to the parties. Mr. P.K. Mishra, learned counsel for the claimant- Respondent No.1 agrees to the same and Mr. S.K. Mohanty, learned counsel for Appellant-Insurance Company leaves it to the discretion of the Court. The compensation amount is accordingly fixed to that extent.

5. Since the entire award amount has been deposited before the learned Commissioner, out of the said amount, a sum of Rs.7,30,000/- 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.

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

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

( B.P. Routray) Judge

B.K. Barik