The Manager vs Bhaskar Chandra Mallik And ...
2023 Latest Caselaw 9121 Ori

                                     IN THE HIGH COURT OF ORISSA AT CUTTACK
                                                  FAO No.340 of 2023
                               The Manager, National Insurance Co. ....            Appellant
                               Ltd.
                                                            Mr. B. Dasmohapatra, Advocate
                                                        -versus-
                               Bhaskar Chandra Mallik and another    ....       Respondents
                                             Mr. P.K. Mishra, Advocate for Respondent No.1
                                        CORAM:
                                        JUSTICE B. P. ROUTRAY
                                                      ORDER

11.08.2023 Order No. I.A. No.614 of 2023

01. 1. Heard Mr. B. Dasmohapatra, learned counsel for the Appellant-Insurance Company and Mr. P.K. Mishra, learned counsel for Respondent No.1-claimant.

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

3. The I.A. is disposed of.

FAO No.340 of 2023

4. Though this matter was listed under the heading "For Orders", but the same is taken up for final disposal on the request of parties.

5. Present appeal by the insurer is directed against the judgment and award dated 31.3.2023 passed in E.C. Case No.91/2014 by the Commissioner for Employee's Compensation-cum-Divisional Labour Commissioner, Odisha, Bhubaneswar wherein

Signature Not Verified Digitally Signed Signed by: BASANTA KUMAR BARIK Reason: Authentication Location: High Court of Orissa, Cuttack Date: 11-Aug-2023 16:49:49 compensation to the tune of Rs.16,36,538/- 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 the employment as a driver in Truck bearing Registration No.OAC- 5820 belonging to Respondent No.2.

6. Upon hearing both the parties and considering all such grounds of challenge advanced, a reduced compensation of Rs.7,20,000/- (Rupees Seven Lakhs Twenty Thousand) consolidated is proposed to the parties in course of hearing. Mr. P.K. Mishra, learned counsel for the claimant-Respondent No.1 agrees to the same and Mr. B. Dasmohapatra, learned counsel for Appellant- Insurance Company leaves it to the discretion of the Court. The compensation amount is accordingly fixed to that extent.

7. Since the entire award amount has been deposited before the learned Commissioner, out of the said amount, a sum of Rs.7,20,000/- 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-Insurance Company within the same period on proper application. The penalty and penal interest is waived.

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

9. 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: 11-Aug-2023 16:49:49