National Insurance Company Ltd vs Bijay Kumar Behera And Another
2022 Latest Caselaw 173 Ori

                        IN THE HIGH COURT OF ORISSA AT CUTTACK

                                      FAO No.879 of 2019

                 National Insurance Company Ltd.           ....          Appellant
                                                    Mr. Anupam Dash, Advocate
                                            -versus-
                 Bijay Kumar Behera and Another            ....       Respondents
                                    Mr. B.N. Rath, counsel for Respondent No.1

                           CORAM:
                           SHRI JUSTICE B. P. ROUTRAY
                                          ORDER

07.01.2022 Order No.

06. 1. Heard Mr. A. Dash, learned counsel for the Appellant and Mr. B.N. Rath, learned counsel for the claimant - Respondent No.1.

2. The present appeal by the insurer is directed against the judgment dated 2nd March, 2019 of the learned Commissioner for Employee's Compensation -cum- Divisional Labour Commissioner, Cuttack in E.C. Case No.496-D of 2011.

3. The learned Commissioner upon adjudicating the dispute has directed for grant of compensation to the tune of Rs.7,27,968/- on account of injuries sustained by the claimant in the accident dated 13th June, 2011.

4. The case of the claimant is that he was working as driver of the TATA ACE bearing Registration No.OR 04 L 3434 on the date of accident and sustained injuries on his person due to the accident in course of employment.

5. Having heard both parties and upon perusal of the impugned award, without getting into the dispute further, the compensation amount is reduced to Rs.3,00,000/- consolidated as agreed by both the parties.

6. Since the entire awarded amount has been deposited before the learned Commissioner, out of the said amount, a consolidated sum of Rs.3,00,000/- (three lakh) along with proportionate interest accrued thereon be disbursed in favour of the claimant - Respondent within four weeks from today and the balance amount along with interest accrued thereof shall be refunded to the Insurer - Appellant without delay.

7. The appeal is accordingly disposed of.

8. An urgent certified copy of this order be issued as per rules.

( B.P. Routray) Judge M.K.Panda