Divisional Manager vs Kailash Chandra Panda & Anr
2023 Latest Caselaw 4083 Ori

                        IN THE HIGH COURT OF ORISSA AT CUTTACK

                                          FAO No.126 of 2023

                 Divisional Manager, New India                 ....         Appellant
                 Assurance Co.Ltd.
                                                            Mr.S.K.Ghose, Advocate
                                                -versus-
                 Kailash Chandra Panda & Anr.                  ....      Respondents
                                                            Mr.P.K.Mishra, Advocate

                           CORAM:
                           SHRI JUSTICE B. P. ROUTRAY
                                           ORDER

21.04.2023 I.A. No. 198 of 2023 Order No.

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

2. Heard Mr. Ghose, learned counsel for the Appellant & Mr.Mishra, learned counsel for the Respondents.

3. Upon hearing both parties and considering the grounds mentioned in the limitation application, delay in filing the appeal is condoned.

4. I.A. is disposed of.

FAO No. 126 of 2023

5. Though the matter is listed for orders, but taken up for final disposal on the request of both parties.

6. Present appeal by the Insurer is directed against impugned judgment/award dated 10th November, 2022 passed by the Commissioner for Employee's Compensation-Cum-Joint Labour Commissioner, Cuttack in E.C.Case No.00138/2020/CUTT,

wherein compensation to the tune of Rs.19,90,439/- has been granted on account of injury in course of his employment as driver of the bus bearing registration No.OD-05-P-2899.

7. Having heard both parties and considering the grounds of challenge advanced, a reduced compensation of Rs.18,30,000/- consolidated is proposed to the parties in course of hearing. The same is agreed by Mr. Mishra, learned counsel for the claimant. Mr. Ghose, learned counsel for the Insurer leaves it to the discretion of the Court. Accordingly, the amount is reduced to said extent.

8. 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.18,30,000/-(Eighteen lakhs thirty thousand) 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.

9. The appeal is accordingly disposed of.

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

( B.P. Routray) Judge

S.Das