The Manager Legal vs Suryakanta Guin And Another
2023 Latest Caselaw 7943 Ori

                    IN THE HIGH COURT OF ORISSA AT CUTTACK
                              FAO No.206 of 2023
            The Manager Legal, M/s.
            Cholamandalam MS General
            Insurance Co. Ltd., Saheed Nagar,
            Bhubaneswar                                ....             Appellant
                                                    Mr. G.P. Dutta, Advocate
                                     -versus-
            Suryakanta Guin and Another                ....        Respondents
                                  Mr. K.K. Das, counsel for Respondent No.1

                         CORAM:
                         SHRI JUSTICE B. P. ROUTRAY
                                      ORDER

21.7.2023 Order No.

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

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

3. Present appeal by the insurer is directed against impugned judgment dated 16th March 2023 of learned Commissioner for Employee's Compensation - cum - Divisional Labour Commissioner, Odisha, Bhubaneswar passed in E.C. Case No.246 of 2015, wherein compensation to the tune of Rs.16,99,236/- (including interest) has been granted on account of injuries sustained by the injured - claimant arising out of and in course of his employment as labourer in the truck bearing registration number OR-09-E-7132.

4. Upon hearing both parties and considering all such grounds of challenge advanced, a consolidated sum of Rs.10,20,000/- is proposed to the parties. This is agreed by Mr. Das, 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 said extent.

5. Since the entire compensation amount has already been deposited before learned Commissioner, out of the same a consolidated sum of Rs.10,20,000/- (ten lakhs twenty thousand) along with accrued interest thereof be disbursed in favour of the claimant - Respondent No.1 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 accordingly.

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

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

Signature Not Verified Digitally Signed Signed by: MANAS KUMAR PANDA Designation: Senior Steno

Location: OHC, Cuttack Date: 21-Jul-2023 17:49:57