Orissa High Court
Divisional Manager vs Arjun Nayak And Another on 11 January, 2022
IN THE HIGH COURT OF ORISSA AT CUTTACK
FAO No.727 of 2019
Divisional Manager,
The New India Assurance Co. Ltd. .... Appellant
Mr.Soumendra Kumar Ghose, Advocate
-versus-
Arjun Nayak and another .... Respondents
Mr.Kalpataru Panigrahi, Advocate for Respondent No.1
CORAM:
JUSTICE B. P. ROUTRAY
ORDER
11.01.2022
Order No.
8. 1. This matter is taken up by video conferencing mode.
2. Heard Mr.Ghosh, learned counsel for the Appellant and
Mr.Panigrahi, learned counsel for Respondent No.1.
3. The present appeal by the Insurer is directed against the
judgment dated 27th April, 2019 passed by the learned
Commissioner for Employee's Compensation-Cum-Divisional
Labour Commissioner, Cuttack in E.C.Case No.294(A)-D of
2013, wherein compensation to the tune of Rs.15,41,943/- has
been granted to the claimant on account of his injuries sustained
in the accident dated 19th May, 2012 in course of employment.
4. The case of the claimant is that he was working as a Helper in
a Mini Truck bearing Registration No.OR-05-AG-8392 and on
the date of accident while climbing on the said truck for keeping
goods slipped down and sustained fracture injuries on his left leg
associated with other multiple injuries.
5. It is contended on behalf of the Appellant that monthly
income of the claimant as well as the percentage of disability has
taken on higher side resulting grant of compensation to the
aforesaid tune. It is further submitted that without any valid
disability certificate granted by appropriate medical board, the
percentage of the disability has been assessed up to 80% resulting
loss of earning capacity to the extent of 100%.
6. Having heard Mr.Panigrahi, learned counsel for Respondent
No.1 and without getting into further dispute on the details of
computations, the amount of compensation is reduced to
Rs.8,25,000/-(Eight lakhs twenty five thousand) consolidated as
agreed by Mr.Panigrahi.
7. Since the entire award amount has already been deposited
before the Commissioner for Employee's Compensation-cum-
Divisional Labour Commissioner, Cuttack, it is directed that the
Commissioner shall disburse the afore-stated consolidated
amount of Rs.8,25,000/-(Eight lakhs twenty five thousand) to the
claimant along with proportionate accrued interest within a period
of eight weeks from today and the balance amount with accrued
interest thereof be refunded to the Insurer-Appellant.
8. With the above direction, the appeal is disposed of.
9. As the restrictions due to resurgence of COVID-19 situation
are continuing, learned counsel for the parties may utilize a
printout of the order available in the High Court's website, at par
with certified copy, subject to attestation by the concerned
advocate, in the manner prescribed vide Court's Notice No.4587,
dated 25th March, 2020, modified by Notice No.4798, dated 15th
April,2021, and Court's Office Order circulated vide Memo
Nos.514 and 515 dated 7th January,2022.
( B.P. Routray)
Judge
C.R.Biswal
