Divisional Manager vs Benudhar @ Beleswar Rout & Anr
2023 Latest Caselaw 4311 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                                    FAO No.460 of 2022

             Divisional Manager, M/S. National
             Insurance Co.Ltd.                              ....        Appellant
                                                            Ms.S.Das, Advocate

                                             -versus-

             Benudhar @ Beleswar Rout & Anr.                ....     Respondents
                                                        Mr.P.K.Mishra, Advocate

                        CORAM:
                        JUSTICE B. P. ROUTRAY

                                       ORDER

25.04.2023 I.A No.717 of 2022 Order No.

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

2. Ms.Das, learned counsel for the Appellant submits that the deficit court fee has already been paid. The same is accepted.

3. I.A. is disposed of.

FAO No. 460 of 2022

4. Heard Ms.Das on behalf of P.K.Mohanty, learned counsel for the Appellant and Mr.Mishra, learned counsel for the injured Claimants.

5. Present appeal by the Insurer is directed against impugned judgment/award dated 29th August, 2022 passed by the Commissioner for Employee's Compensation-Cum-Divisional Labour Commissioner, Angul in E.C. Case No.10 of 2019, wherein compensation to the tune of Rs.5,89,778/- has been granted on account of injuries sustained by the claimant in course of his employment as a driver of the Truck bearing registration No.OR-06-F-1175.

6. Having heard both parties and keeping in view the fact that the injured has renewed his driving license, a reduced compensation of Rs.3,00,000/- consolidated is proposed to the parties in course of hearing. The same is agreed by Mr. Mishra, learned counsel for the claimant. Ms.Das, learned counsel for the Insurer leaves it to the discretion of the Court. Accordingly, the amount is reduced to said extent.

7. Since the entire award amount has been deposited before the Commissioner for Employee's Compensation-Cum-Divisional Labour Commissioner, Angul, the Commissioner is directed to disburse the reduced consolidated amount of Rs. 3,00,000/-(Three 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. The directions for payment of penal interest and penalty are waived.

8. The appeal is accordingly disposed of.

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

(B.P. Routray) Judge

S.Das