The Regional Manager vs Babuli Samal And Another
2023 Latest Caselaw 9788 Ori

                                          IN THE HIGH COURT OF ORISSA AT CUTTACK
                                                          FAO No.262 of 2023

                                   The Regional Manager,
                                   M/s.New India Assurance Company
                                   Limited.                                    ....         Appellant
                                                                              Mr.G.P.Dutta, Advocate

                                                                 -versus-

                                   Babuli Samal and another              ....      Respondents
                                                     Mr.K.K.Das, Advocate for Respondent No.1

                                                CORAM:
                                                JUSTICE B. P. ROUTRAY

                                                               ORDER

22.8.2023 Order No.

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

2. Heard Mr.Dutta, learned counsel for the Insurer- Appellant and Mr.Das, learned Advocate for claimant- Respondent No.1.

3. Present appeal by the Insurer is directed against the impugned judgment/award dated 24th May 2023 passed by the Commissioner for Employee's Compensation-Cum-Divisional Labour Commissioner, Hqrs. Bhubaneswar in E.C. Case No.88 of 2015, wherein compensation to the tune of Rs.17,00,624/- has been granted on account of injuries sustained by the claimant in course of his employment as a labourer of Truck bearing registration no.OR-04-5873.

4. Having heard both parties and considering all such Signature Not Verified Digitally Signed grounds of challenge advanced, a reduced compensation of Signed by: CHITTA RANJAN BISWAL Designation: Secretary Reason: Authentication Rs.9,75,000/- consolidated is proposed to the parties in course of Location: Orissa High Court, Cuttack Date: 23-Aug-2023 17:19:15 hearing. The same is agreed by Mr.Das, learned counsel for

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.

5. Since 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.9,75,000/- (Nine lakhs seventy five thousand) 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.

6. The appeal is accordingly disposed of.

7. 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: 23-Aug-2023 17:19:15