The Divisional Manager vs Amiya Kumar Sahoo And Another
2023 Latest Caselaw 3168 Ori

                        IN THE HIGH COURT OF ORISSA AT CUTTACK

                                      FAO No.145 of 2023

                 The Divisional Manager, M/s. New         ....         Appellant
                 India Assurance Company Ltd.
                                                     Mr. Somnath Roy, Advocate
                                           -versus-
                 Amiya Kumar Sahoo and Another            ....      Respondents
                             Mr. Debasish Patnaik, counsel for Respondent No.1

                           CORAM:
                           SHRI JUSTICE B. P. ROUTRAY
                                         ORDER

11.04.2023 Order No.

01. 1. The matter is taken up through hybrid mode.

2. Heard Mr. S. Roy, learned counsel for the Insurer-Appellant and Mr. D. Patnaik, learned counsel for claimant-Respondent.

3. Present appeal by the Insurer is directed against the impugned judgment dated 26th December, 2022 of learned Commissioner for Employee's Compensation-cum-Joint Labour Commissioner, Cuttack passed in E.C. Case No.433-D/2016, wherein compensation to the tune of Rs.14,16,189/- (including interest) has been granted on account of injuries sustained by the claimant arising out of and in course of his employment as driver of the Bus bearing registration number OR-05Y-6588.

4. Having heard both parties and considering all such grounds of challenge advanced, a reduced compensation of Rs.11,00,000/- consolidated is proposed to the parties in course of hearing. This is agreed by Mr. Patnaik, learned counsel for the injured-claimant-

Respondent and Mr. Patnaik, learned counsel for the Insurer leaves it to the discretion of the Court. Accordingly, the amount is fixed to the said extent.

5. Since the entire award amount has been deposited before the learned Commissioner out of the same a reduced compensation of Rs.11,00,000/-(eleven lakhs) consolidated along with accrued interest thereof be disbursed in favour of the claimant- Respondent within a period of two months from today. The balance amount with proportionate accrued interest thereof shall be refunded to the Insurer- Appellant. However, the direction for payment of default interest @ 12% as well as penal interest is waived.

6. The appeal is accordingly disposed of.

( B.P. Routray) Judge

M.K. Panda