Divisional Manager vs Khageswar Muduli And Others
2022 Latest Caselaw 4962 Ori

                     IN THE HIGH COURT OF ORISSA AT CUTTACK
                                FAO No.247 of 2022
            Divisional Manager, M/s.National       ....          Appellant
            Insurance Company Limited
                                                Mr. G.P. Dutta, Advocate
                                      -versus-
            Khageswar Muduli and others            ....      Respondents
                    Mr. N.K. Mohanty, Advocate for Respondent Nos.1 & 2
                       CORAM:
                       JUSTICE B. P. ROUTRAY
                                    ORDER

21.09.2022 Order No.

02. 1. Heard Mr. G.P. Dutta, learned counsel for the Appellant-

Insurance Company and Mr. N.K. Mohanty, learned counsel for the Respondent Nos.1 & 2-claimants.

2. Present appeal by the insurer is directed against the judgment and award dated 30.03.2022 passed in E.C. Case No.298-D/2018 by the Commissioner for Employee's Compensation-cum-Joint Labour Commissioner, Cuttack wherein compensation to the tune of Rs.6,89,241/- including interest has been granted to the claimants-Respondent Nos.1 & 2 on account of injuries sustained in course of and arising out of the employment as the driver of the Bus bearing Registration No.OD-35-A-0211 belonging to Respondent No.3.

3. Upon hearing both the parties and considering the grounds of challenge advanced, a reduced compensation of Rs.6,15,000/- (Rupees Six Lakhs Fifteen Thousand) consolidated is proposed to the parties in course of hearing. Mr. N.K. Mohanty, learned

counsel for the claimants-Respondent Nos.1 & 2 agrees to the same and Mr. G.P. Dutta, learned counsel for Appellant- Insurance Company leaves it to the discretion of the Court. The compensation amount is accordingly fixed to that extent.

4. Since the entire award amount has been deposited before the learned Commissioner, out of the said amount, a sum of Rs.6,15,000/- along with proportionate accrued interest be disbursed in favour of the claimants-Respondent Nos.1 & 2 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.

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

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

( B.P. Routray) Judge

B.K. Barik