Divisional Manager vs Milu Prasad Jena & Anr
2023 Latest Caselaw 15554 Ori

Orissa High Court

Divisional Manager vs Milu Prasad Jena & Anr on 4 December, 2023

Author: B. P. Routray

Bench: B. P. Routray

Signature Not Verified
Digitally Signed
Signed by: SANGRAM DAS
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 08-Dec-2023 16:25:25




                                     IN THE HIGH COURT OF ORISSA AT CUTTACK

                                                        FAO No.448 of 2023

                                 Divisional Manager, M/S. Oriental         ....          Appellant
                                 Insurance Co.Ltd.
                                                                             Mr.S.Roy, Advocate

                                                             -versus-

                                 Milu Prasad Jena & Anr.                 ....      Respondent
                                                                Mr.B.N.Samantaray, Advocate

                                            CORAM:
                                            JUSTICE B. P. ROUTRAY

                                                           ORDER

04.12.2023 Order No.

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

2. Heard Mr.Roy, learned counsel for the Appellant and Mr.Samantaray, learned counsel for the Respondents.

3. Present appeal by the Insurer is directed against impugned judgment/award dated 28th June 2023 passed by the Commissioner for Employee's Compensation-Cum-Divisional Labour Commissioner, Cuttack in E.C. Case No.254-D of 2016, wherein compensation to the tune of Rs.8,76,975/- has been granted on account of injuries sustained by the claimant in course of his employment as a helper of the Max Pick Up bearing registration No.OR-05-AG-0566.

4. Having heard both parties and considering all such grounds of challenge advanced, a reduced compensation of Rs.6,75,000/- consolidated is proposed to the parties in course of hearing. The same is agreed by Mr.Samantaray, learned counsel for

Location: High Court of Orissa, Cuttack

the claimant. Mr.Roy, learned counsel for the Insurer leaves it to the discretion of the Court. Accordingly, the amount is reduced to said extent.

5. Since the entire award amount has been deposited before the Commissioner for Employee's Compensation-Cum- Divisional Labour Commissioner, Cuttack, the Commissioner is directed to disburse the reduced consolidated amount of Rs. 6,75,000/-(Six 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. However, penalty & penal interest @ 12% as directed by the Tribunal is waived.

6. The appeal is accordingly disposed of.

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

( B.P. Routray) Judge

S.Das