The Legal Manager vs Bijay Malik And Another
2023 Latest Caselaw 703 Ori

                        IN THE HIGH COURT OF ORISSA AT CUTTACK

                                     FAO No.514 of 2022
                 The Legal Manager, Claims, M/s.
                 Cholamandalam MS General                  ....
                                                                      Appellant
                 Insurance Company Ltd.
                                                        Mr. G.P. Dutta, Advocate
                                             -versus-
                 Bijay Malik and Another                   ....      Respondents
                             Mr. B.N. Samantaray, counsel for Respondent No.1

                           CORAM:
                           SHRI JUSTICE B. P. ROUTRAY
                                           ORDER

20.1.2023 Order No.

03. 1. The matter is taken up through hybrid mode.

2. Heard Mr. G.P. Dutta, learned counsel for the insurer - Appellant and Mr. B.N. Samantaray, learned counsel for claimant - Respondent No.1.

3. Present appeal by the insurer is directed against impugned judgment dated 31st October, 2022 of learned Commissioner for Employee's Compensation-cum-Divisional Labour Commissioner, Cuttack passed in E.C. Case No.114-D/2019, wherein compensation to the tune of Rs.12,28,622/- (including interest) has been granted on account of injuries sustained by the claimant arising out of and in course of his employment as helper in the truck bearing registration number OR 09K3930.

4. Upon hearing both parties and considering all such grounds of challenge advanced, a reduced compensation of Rs.8,50,000/- consolidated is proposed to the parties. This is agreed by Mr. Samantaray, learned counsel for the injured - claimant and Mr. Dutta, learned counsel for the insurer leaves it to the discretion of the court. Accordingly the compensation amount is fixed to the said extent.

5. Since the entire compensation amount has already been deposited before the learned Commissioner, out of the same a consolidated sum of Rs.8,50,000/- (eight lakhs fifty thousand) along with accrued interest thereof be disbursed in favour of the claimant - Respondents within a period of two months from today. The rest amount along with proportionate accrued interest be refunded to the insurer - Appellant.

6. The appeal is disposed of.

7. An urgent certified copy of this order be issued as per rules.

( B.P. Routray) Judge M.K.Panda