Manager vs Debadatta Mallik And Another
2022 Latest Caselaw 2675 Ori

                    IN THE HIGH COURT OF ORISSA AT CUTTACK

                                  FAO No.172 of 2021

            Manager, T.P.Cell, M/s.New India            ....        Appellant
            Assurance Company Ltd.
                                                    Mr.S.Satpathy, Advocate

                                         -versus-

            Debadatta Mallik and another          ....       Respondents
                             Mr.J.Mohanty, Advocate for Respondent No.1

                         CORAM:
                         JUSTICE B. P. ROUTRAY
                                      ORDER

18.5.2022 Order No.

4. 1. Heard Mr.Satpathy, learned counsel for the Appellant and Mr.Mohanty, learned Advocate for Respondent No.1.

2. Present appeal by the Insurer is directed against impugned judgment/award dated 29th April, 2021 passed by the Commissioner for Employee's Compensation-Cum-Joint Labour Commissioner, Cuttack in E.C.Case No.397-D/2017, wherein compensation to the tune of Rs.10,02,611/- has been granted on account of injuries sustained by the claimant in course of his employment as a Driver in the truck bearing Registration No.OR- 07-H-6939.

3. Having heard both parties and considering the grounds of challenge advanced, a reduced compensation of Rs.4,50,000/- consolidated is proposed to the parties in course of hearing. The same is agreed by Mr.Mohanty, learned counsel for the claimant- Respondent No.1. Mr.Satpathy, learned counsel for the Insurer-

Appellant leaves it to the discretion of the Court. Accordingly, the amount is reduced to said extent.

4. Since the entire award amount has been deposited before the Commissioner for Employee's Compensation-Cum- Joint Labour Commissioner, Cuttack, the Commissioner is directed to disburse the modified consolidated amount of Rs.4,50,000/- (four lakhs fifty thousand) with proportionate interest accrued thereof in favour of the claimant within a period of two months from today. The balance amount with proportionate accrued interest thereof shall be refunded to the Insurer-Appellant.

5. The appeal is accordingly disposed of.

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

( B.P. Routray) Judge

C.R.Biswal