Divisional Manager vs Jeeban Behera And Another
2023 Latest Caselaw 4574 Ori

                     IN THE HIGH COURT OF ORISSA AT CUTTACK
                                    FAO No.107 of 2023
             Divisional Manager, M/s.New India        ....         Appellant
             Assurance Co. Ltd.
                                               Mr. G. Samantaray, Advocate
                                        -versus-
             Jeeban Behera and another                ....      Respondents
                             Mr. D. Pattnaik, Advocate for Respondent No.1
                         CORAM:
                         JUSTICE B. P. ROUTRAY
                                           ORDER

27.04.2023 Order No. I.A. No.163 of 2023

01. 1. Heard Mr. G. Samantaray, learned counsel, on behalf of Mr. G.C. Samantaray, learned counsel for the Appellant-Insurance Company and Mr. D. Pattnaik, learned counsel for Respondent No.1-claimant.

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

3. The I.A. is disposed of.

FAO No.107 of 2023

4. Present appeal by the insurer is directed against the judgment and award dated 31.10.2022 passed in E.C. Case No.127-D/2017 by the Commissioner for Employee's Compensation-cum-Joint Labour Commissioner, Cuttack wherein compensation to the tune of Rs.12,56,849/- including interest has been granted to the

claimant-Respondent No.1 on account of injury sustained by him in course of and arising out of his employment as a helper in the Truck bearing Registration No.OR-02-AS-3256 belonging to Respondent No.2.

5. Upon hearing both parties and considering all such grounds of challenge advanced, a reduced compensation of Rs.10,00,000/- (Rupees Ten Lakhs) consolidated is proposed to the parties in course of hearing. Mr. D. Pattnaik, learned counsel for the claimant-Respondent No.1 agrees to the same and Mr. G. Samantaray, learned counsel for Appellant-Insurance Company leaves it to the discretion of the Court. The compensation amount is accordingly fixed to that extent.

6. Since the entire award amount has been deposited before learned Commissioner, out of the said amount, a sum of Rs.10,00,000/- along with proportionate accrued interest be disbursed in favour of the claimant-Respondent No.1 within a period of eight weeks from today and the balance amount along with proportionate accrued interest thereon shall be refunded to the Appellant within the same period on proper application.

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

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

( B.P. Routray) Judge

B.K. Barik