The Manager Legal vs Bishnu @Bishnu Charan Mohanty And
2023 Latest Caselaw 2090 Ori

                     IN THE HIGH COURT OF ORISSA AT CUTTACK
                                FAO No.73 of 2023
             The Manager Legal,                     ....          Appellant
             M/s.Cholamandalam MS General
             Insurance Company Ltd.
                                                 Mr. G.P. Dutta, Advocate
                                       -versus-
             Bishnu @Bishnu Charan Mohanty and ....            Respondents
             another
                             Mr. D. Patnaik, Advocate for Respondent No.1
                        CORAM:
                        JUSTICE B. P. ROUTRAY
                                     ORDER

13.03.2023 Order No. I.A. No.207 of 2023

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

Insurance Company and Mr. D. Patnaik, learned counsel for Respondent No.1-claimant.

2. Upon hearing both the parties and considering the grounds mentioned in the petition, the delay in filing the appeal is condoned.

3. The I.A. is disposed of.

FAO No.73 of 2023

4. Present appeal by the insurer is directed against the judgment and award dated 21.11.2022 passed in E.C. Case No.109-D/2019 by the Commissioner for Employee's Compensation-cum- Divisional Labour Commissioner, Cuttack wherein compensation to the tune of Rs.10,55,067/- 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 a helper in the TATA Pick Up bearing Registration No.OD-02-AD-0896 belonging to Respondent No.2.

5. Upon hearing both the parties and considering all such grounds of challenge advanced, a reduced compensation of Rs.8,25,000/- (Rupees Eight Lakhs Twenty-Five Thousand) consolidated is proposed to the parties in course of hearing. Mr. D. Patnaik, 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.

6. Since the entire award amount has been deposited before the learned Commissioner, out of the said amount, a sum of Rs.8,25,000/- 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.

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

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

( B.P. Routray) Judge B.K. Barik