Divisional Manager vs Abhamanyu @Abhimanyu Sahoo And
2023 Latest Caselaw 15604 Ori

Orissa High Court

Divisional Manager vs Abhamanyu @Abhimanyu Sahoo And on 5 December, 2023

Author: B. P. Routray

Bench: B. P. Routray

                                          IN THE HIGH COURT OF ORISSA AT CUTTACK

                                                      FAO No.219 of 2020

                                 Divisional Manager, Oriental             ....          Appellant
                                 Insurance Co. Ltd.
                                                                     Mr. P.K. Mahali, Advocate
                                                        -versus-
                                 Abhamanyu @Abhimanyu Sahoo and      ....       Respondents
                                 another
                                           Mr. N.C. Moharana, Advocate for Respondent No.1


                                            CORAM:
                                            JUSTICE B. P. ROUTRAY


                                                         ORDER

05.12.2023 Order No.

07. 1. Heard Mr. P.K. Mahali, learned counsel for the Appellant-

Insurance Company and Mr. N.C. Moharana, learned counsel for Respondent No.1-claimant.

2. Present appeal by the insurer is directed against the judgment and award dated 27.11.2019 passed in E.C. Case No.240-D/2013 by the Commissioner for Employee's Compensation-cum- Divisional Labour Commissioner, Cuttack, wherein compensation to the tune of Rs.8,24,735/- including interest has been granted to claimant-Respondent No.1 on account of injury sustained by him in course of and arising out of his employment as a helper in Truck bearing Registration No.OR-05-M-5125 belonging to Respondent No.2.

Signed by: BASANTA KUMAR BARIK

Location: High Court of Orissa, Cuttack Date: 08-Dec-2023 10:36:10

3. Upon hearing both the parties and considering all such grounds of challenge advanced including computation of compensation amount applying the right factor, a reduced compensation of Rs.3,80,000/- (Rupees Three Lakhs Eighty Thousand) consolidated is proposed to the parties in course of hearing. Mr. N.C. Moharana, learned counsel for the claimant-Respondent No.1 agrees to the same and Mr. P.K. Mahali, learned counsel for Appellant-Insurance Company leaves it to the discretion of the Court. The compensation amount is accordingly fixed to that extent.

4. Since entire award amount has been deposited before the learned Commissioner, out of the said amount, a consolidated sum of Rs.3,80,000/- 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.

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

6. An urgent certified copy of this order be granted on proper application.

( B.P. Routray) Judge

B.K. Barik

Signed by: BASANTA KUMAR BARIK Reason: Authentication Location: High Court of Orissa, Cuttack Date: 08-Dec-2023 10:36:10