The Divisional Manager vs Prafulla Chandra Swain & Anr
2023 Latest Caselaw 7739 Ori

Signature Not Verified
Digitally Signed
Signed by: SANGRAM DAS
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 18-Jul-2023 17:48:06



                                          IN THE HIGH COURT OF ORISSA AT CUTTACK
                                                      FAO No.480 of 2022

                             The Divisional Manager, M/S. New               ....          Appellant
                             India Assurance Co.Ltd.
                                                                       Mr.P.K.Mahali on behalf of
                                                                        Mr.S.K.Sarangi, Advocate

                                                            -versus-

                             Prafulla Chandra Swain & Anr.                ....      Respondents
                                                                         Mr.B.N.Rath, Advocate

                                            CORAM:
                                            JUSTICE B. P. ROUTRAY

                                                          ORDER

17.07.2023 Order No.

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

2. Heard Mr. Mahali, learned counsel on behalf of Mr.Sarangi, learned counsel for the Insurer-Appellant and Mr.Rath, learned counsel for Respondent No.1

3. Present appeal by the Insurer is directed against impugned judgment/award dated 16th September, 2022 passed by the Commissioner for Employee's Compensation-Cum-Joint Labour Commissioner, Cuttack in E.C. Case No.388-D of 2018, wherein compensation to the tune of Rs.8,11,816/- has been granted on account of injuries sustained by the claimant in course of his employment as a driver of the Truck bearing registration No.OR-05-AP-1025.

4. Having heard both parties and considering all such grounds of challenge advanced, a reduced compensation of

Signature Not Verified Digitally Signed Signed by: SANGRAM DAS Reason: Authentication Location: High Court of Orissa, Cuttack Date: 18-Jul-2023 17:48:06

Rs.3,50,000/- consolidated is proposed to the parties in course of hearing. The same is agreed by Mr.Rath, learned counsel for the claimants-Respondents. Mr. Mahali on behalf of Mr.Sarangi, 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- Joint Labour Commissioner, Cuttack, the Commissioner is directed to disburse the reduced consolidated amount of Rs. 3,50,000/- (Three lakhs fifty 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 S.Das