The Regional Manager vs Sayadajul Phukar Sa And Another
2023 Latest Caselaw 8908 Ori

                                          IN THE HIGH COURT OF ORISSA AT CUTTACK
                                                    FAO No.42 of 2021
                                The Regional Manager, M/s.Oriental     ....          Appellant
                                Insurance Company Ltd.
                                                                  Mr. S. Satapathy, Advocate
                                                         -versus-
                                Sayadajul Phukar Sa and another        ....       Respondents
                                       Mr. M.K. Agarwala, Advocate for Respondent Nos.1 & 2

                                            CORAM:
                                            JUSTICE B. P. ROUTRAY

                                                        ORDER

09.08.2023 Order No.

03. 1. Heard Mr. S. Satapathy, learned counsel for the Appellant-

Insurance Company and Mr. M.K. Agarwala, learned counsel for the Respondent Nos.1 & 2.

2. Present appeal by the insurer is directed against the judgment and award dated 18.11.2020 passed in E.C. Case No.14/2017 by the Commissioner for Employee's Compensation-cum-Divisional Labour Commissioner, Khordha, wherein compensation to the tune of Rs.6,65,325/- along with interest @6% per annum from the date of claim application, i.e.04.12.2017 has been granted to the claimants-Respondent No.1 on account of injury sustained by him in course of and arising out of the employment as a co-driver in a Truck bearing Registration No.OR-02-BU-6311 belonging to Respondent No.2.

3. Upon hearing both the parties and considering all such grounds of challenge advanced, a modified compensation of Rs.8,00,000/-

Signature Not Verified Digitally Signed Signed by: BASANTA KUMAR BARIK Reason: Authentication Location: High Court of Orissa, Cuttack Date: 10-Aug-2023 17:35:51 (Rupees Eight Lakhs) consolidated is proposed to the parties in course of hearing. Mr. M.K. Agarwala, learned counsel for the claimant-Respondent No.1 agrees to the same and Mr. S. Satapathy, learned counsel for Appellant-Insurance Company leaves it to the discretion of the Court. The compensation amount is accordingly fixed to that extent.

4. Since the compensation amount of Rs.6,65,325/- as per the direction of the learned Commissioner has already been deposited before the Commissioner, the Appellant-insurer is directed to deposit the balance amount, i.e. Rs.1,34,675/- (One Lakh Thirty- Four Thousand Six Hundred Seventy-Five), within a period of two months from today. The entire amount along with accrued interest on the deposited amount shall be paid to the injured- claimant on such terms and proportion to be decided by the learned Commissioner.

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

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

( B.P. Routray) Judge

B.K. Barik

Signature Not Verified

Digitally Signed Signed by: BASANTA KUMAR BARIK Reason: Authentication Location: High Court of Orissa, Cuttack Date: 10-Aug-2023 17:35:51