The Manager vs Dillip Naik And Another
2023 Latest Caselaw 1732 Ori

                     IN THE HIGH COURT OF ORISSA AT CUTTACK
                                 FAO No.502 of 2022
            The Manager, T.P. Cell, M/s.New India ....            Appellant
            Assurance Co. Ltd.
                                                 Mr. G.P. Dutta, Advocate
                                       -versus-
            Dillip Naik and another                 ....       Respondents
                                 Mr. K. Das, Advocate for Respondent No.1
                       CORAM:
                       JUSTICE B. P. ROUTRAY
                                     ORDER

23.02.2023 Order No.

01. 1. Heard Mr. G.P. Dutta, learned counsel for the Appellant-

Insurance Company and Mr. K. Das, learned counsel for the Respondent No.1-claimant.

2. Present appeal by the insurer is directed against judgment and award dated 15.11.2022 passed in E.C. Case No.84/2015 by the Commissioner for Employee's Compensation-cum-Divisional Labour Commissioner, Odisha, Bhubaneswar, wherein compensation to the tune of Rs.16,15,763/- including interest has been granted to the claimant-Respondent No.1 on account of injury sustained by him in course of and arising out of the employment as helper in a Truck bearing Registration No.OR-04- D-5073 belonging to Respondent No.2.

3. Upon hearing both the parties and considering the grounds of challenge advanced, a reduced compensation of Rs.11,00,000/- (Rupees Eleven Lakhs) consolidated is proposed to the parties in course of hearing. Mr. K. Das, learned counsel for the claimant-

Respondent No.1 agrees to the same and Mr. G.P. Dutta, 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 the entire award amount has been deposited before the learned Commissioner, out of the said amount, a sum of Rs.11,00,000/- 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.

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