Orissa High Court
Legal Manager vs Sanjay Kumar Pradhan And Another on 18 August, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
FAO No.240 of 2023
Legal Manager,
M/s.Chola MS G.I.Co.Ltd. .... Appellant
Mr.A.A.Khan, Advocate
-versus-
Sanjay Kumar Pradhan and another .... Respondents
Mr.P.K.Mishra, Advocate for Respondent No.1
CORAM:
JUSTICE B. P. ROUTRAY
ORDER
18.8.2023
Order No.
3. 1. The matter is taken up through Hybrid mode.
2. Heard Mr.Khan, learned counsel for the Insurer-
Appellant and Mr.Mishra learned Advocate for claimant-
Respondent No.1.
3. Present appeal by the Insurer is directed against the
impugned judgment/award dated 23rd January 2023 passed by the
Commissioner for Employee's Compensation-Cum-Joint Labour
Commissioner, Cuttack in E.C. Case No.270-D/2018, wherein
compensation to the tune of Rs.12,22,400/- has been granted on
account of injuries sustained by the claimant in course of his
employment as a driver of a Pick Up Van bearing registration
no.OD-05P-1342.
4. It is submitted on behalf of the Insurer that the driving
Signature Not Verified
license of injured driver was suspended on 17th August 2020 for
Digitally Signed
Signed by: CHITTA RANJAN BISWAL
Designation: Secretary driving of the vehicle in wrong route. By contending so, it is
Reason: Authentication
Location: Orissa High Court, Cuttack
Date: 22-Aug-2023 10:40:13 submitted by Mr.Khan that the injured did not sustain any
disability due to the injuries in the accident since he was found
driving a vehicle subsequently. This part of contention of the
insurer has been dealt with substantially by learned
Commissioner. It needs to be emphasized that the injured was
penalized with suspension of his driving license in respect of
LMV and MCG by the R.T.O., Kendrapara on 17th August 2020.
But no material or evidence has been adduced to reveal that the
injured was driving any transport vehicle at that time. The vehicle
involved in the present case is a Pick Up Van bearing registration
No.OD-05P-1342. No material has been brought to reveal that
whether it was the same vehicle driven by the injured
subsequently or any other transport vehicle. Therefore, the
finding of the Tribunal is found justified, which is confirmed
hereby.
5. On the question of quantum of compensation, upon
hearing both parties and considering all such grounds of
challenge advanced in that respect, a reduced amount of
Rs.8,00,000/- consolidated is proposed to the parties in course of
hearing. The same is agreed by Mr.Mishra, learned counsel for
the claimant-Respondent No.1. Mr.Khan, learned counsel for the
Insurer leaves it to the discretion of the Court. Accordingly, the
amount is reduced to said extent.
6. Since the entire award amount has been deposited
before the Commissioner for Employee's Compensation-Cum-
Joint Labour Commissioner, Cuttack, the Commissioner is
directed to disburse the modified consolidated amount of
Signature Not Verified
Digitally Signed
Signed by: CHITTA RANJAN BISWAL
Rs.8,00,000/- (Eight lakhs) with proportionate accrued interest
Designation: Secretary
Reason: Authentication thereof in favour of the claimant within a period of two months
Location: Orissa High Court, Cuttack
Date: 22-Aug-2023 10:40:13
from today. The balance amount with proportionate accrued
interest thereof shall be refunded to the Insurer-Appellant.
7. The appeal is accordingly disposed of.
8. Urgent certified copy of this order be granted on
proper application.
( B.P. Routray)
Judge
C.R.Biswal.
Signature Not Verified
Digitally Signed
Signed by: CHITTA RANJAN BISWAL
Designation: Secretary
Reason: Authentication
Location: Orissa High Court, Cuttack
Date: 22-Aug-2023 10:40:13
