The Manager vs Prakash Behera And Another
2023 Latest Caselaw 9773 Ori

                                           IN THE HIGH COURT OF ORISSA AT CUTTACK
                                                           FAO No.466 of 2022

                                   The Manager,
                                   National Insurance Company Limited. ....        Appellant
                                                                     Mr.P.K.Mahali, Advocate

                                                                  -versus-

                                   Prakash Behera and another            ....      Respondents
                                                    Mr.K.K.Das, Advocate for Respondent No.1
                                                  Mr.P.K.Behera, Advocate for Respondent No.2

                                                CORAM:
                                                JUSTICE B. P. ROUTRAY

                                                                ORDER

22.8.2023 Order No. I.A.No.728 of 2022

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

2. Heard Mr.Mahali, learned counsel for the Insurer- Appellant and Mr.Das, learned Advocate for claimant- Respondent No.1 as well as Mr.Behera, learned counsel for Respondent No.2.

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

4. The I.A. is disposed of.

FAO No.466 of 2022

5. Present appeal by the Insurer is directed against impugned judgment/award dated 27th September, 2022 passed by the Commissioner for Employee's Compensation-Cum- Divisional Labour Commissioner, Hqrs. Bhubaneswar, in Signature Not Verified Digitally Signed E.C.Case No.01 of 2021, wherein compensation to the tune of Signed by: CHITTA RANJAN BISWAL Designation: Secretary Reason: Authentication Rs.20,55,647/- has been granted on account of injuries sustained Location: Orissa High Court, Cuttack Date: 23-Aug-2023 17:19:15

by the claimant in course of his employment as a Fitter under Respondent No.2

6. Having heard both parties and considering all such grounds of challenge advanced, a reduced compensation of Rs.13,00,000/- consolidated is proposed to the parties in course of hearing. The same is agreed by Mr.Das, learned counsel for the claimant-Respondent No.1. Mr.Dutta, learned counsel for the Insurer leaves it to the discretion of the Court. Accordingly, the amount is reduced to said extent.

7. Since the entire award amount has been deposited before the Commissioner for Employee's Compensation-Cum- Divisional Labour Commissioner, Hqrs. Bhubaneswar, the Commissioner is directed to disburse the modified consolidated amount of Rs.13,00,000/- (Thirteen lakhs) 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.

8. The appeal is accordingly disposed of.

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

( B.P. Routray) Judge

Signature Not Verified Digitally Signed Signed by: CHITTA RANJAN BISWAL Designation: Secretary Reason: Authentication Location: Orissa High Court, Cuttack Date: 23-Aug-2023C.R.Biswal.

17:19:15