Manager vs Biswakanta Swain And Others
2022 Latest Caselaw 5460 Ori

                    IN THE HIGH COURT OF ORISSA AT CUTTACK
                                  FAO No.149 of 2022

            Manager, T.P.Cell,                         ....           Appellant
            New India Assurance Co. Ltd.
                                                    Mr.S.K.Ghose, Advocate

                                         -versus-

            Biswakanta Swain and others          ....      Respondents
                          Mr.R.P.Bhagat, Advocate for Respondent No.1

                        CORAM:
                        JUSTICE B. P. ROUTRAY

                                      ORDER

12.10.2022 Order No.

5. 1. The matter is taken up through Hybrid mode.

2. Heard Mr.Ghose, learned counsel for the Insurer-Appellant and Mr.Bhagat, learned Advocate for claimant-Respondent No.1.

3. Present appeal by the Insurer is directed against the impugned judgment/award dated 11th January, 2022 passed by the Commissioner for Employee's Compensation-Cum-Joint Labour Commissioner, Cuttack in E.C.Case No.174-D/2013, wherein compensation to the tune of Rs.18,34,084/- has been granted along with interest on account of injuries sustained by the claimant in course of his employment as a workman engaged by Respondent No.3 at the plant site of Respondent No.2.

4. Having heard both parties and considering the grounds of challenge advanced, a reduced compensation of Rs.12,00,000/- consolidated is proposed to the parties in course of hearing. The same is agreed by Mr.Bhagat, learned counsel for the claimant-

Respondent No.1. Mr.Ghose, learned counsel for the Insurer leaves it to the discretion of the Court. Accordingly, the amount is reduced to said extent.

5. 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.12,00,000/-(Twelve lakhs) with proportionate accrued interest 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.

6. The appeal is accordingly disposed of.

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

( B.P. Routray) Judge

CRBiswal