The Manager Legal vs Rinku Yadav & Anr
2023 Latest Caselaw 4319 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                                     FAO No.491 of 2022

             The Manager Legal, M/S. United India
             Insurance Co.Ltd.                    ....        Appellant
                                          Mr.B.Dasmohapatra, Advocate

                                             -versus-

             Rinku Yadav & Anr.                             ....      Respondents
                                                        Mr.K.Panigrahi, Advocate

                           CORAM:
                           JUSTICE B. P. ROUTRAY

                                        ORDER

25.04.2023 I.A No.756 of 2022 Order No.

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

2. Mr.Dasmohapatra, 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.

I.A. No. 764 of 2022

4. Heard Mr.Dasmohapatra, learned counsel for the Appellant and Mr.Panigrahi, learned counsel for the Respondents.

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

6. I.A. is disposed of.

FAO No. 491 of 2022

7. Present appeal by the Insurer is directed against impugned judgment/award dated 7th September, 2022 passed by the Commissioner for Employee's Compensation-Cum-Joint Labour Commissioner, Cuttack in E.C. Case No.65-D of 2019, wherein compensation to the tune of Rs.12,65,137/- has been granted on account of injuries sustained by the claimant in course of his employment as a driver of the Trailer bearing registration No.OD-04-M-1655.

8. Having heard both parties and considering all such grounds of challenge advanced, a reduced compensation of Rs.6,50,000/- consolidated is proposed to the parties in course of hearing. The same is agreed by Mr. Panigrahi, learned counsel for the claimant. Mr.Dasmohapatra, learned counsel for the Insurer leaves it to the discretion of the Court. Accordingly, the amount is reduced to said extent.

9. 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. 6.50,000/-(Six lakhs fifty 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. The directions for payment of penal interest as well as penalty are waived.

10. The appeal is accordingly disposed of.

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

(B.P. Routray) Judge

S.Das