Divisional Manager vs Baikuntha Prasad Das And Another
2023 Latest Caselaw 2129 Ori

                     IN THE HIGH COURT OF ORISSA AT CUTTACK
                                   FAO No.409 of 2022

            Divisional Manager,
            M/s.New India Assurance Co. Ltd.           ....        Appellant
                                                      Mr.A.A.Khan, Advocate

                                          -versus-

            Baikuntha Prasad Das and another       ....      Respondents
                            Mr.D.Pattnaik, Advocate for Respondent No.1

                        CORAM:
                        JUSTICE B. P. ROUTRAY

                                       ORDER

14.3.2023 Order No. I.A.No.719 of 2022

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

2. Heard Mr.Khan, learned counsel for the Insurer-Appellant and Mr.Pattnaik, learned Advocate for claimant-Respondent No.1.

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

4. The I.A. is disposed of.

FAO No.409 of 2022

5. Present appeal by the Insurer is directed against impugned judgment/award dated 29th July, 2022 passed by the Commissioner for Employee's Compensation-Cum-Joint Labour Commissioner, Cuttack in E.C.Case No.98-D/2018, wherein compensation to the tune of Rs.9,54,623/- has been granted on account of injuries sustained by the claimant in course of his employment as a Driver of a TATA ACE bearing registration no.OR-05-AN-0295.

6. Having heard both parties and considering all such grounds of challenge advanced, a reduced compensation of Rs.5,70,000/- consolidated is proposed to the parties in course of hearing. The same is agreed by Mr.Pattnaik, learned counsel for the claimant- Respondent No.1. Mr.Khan, learned counsel for the Insurer leaves it to the discretion of the Court. Accordingly, the amount is reduced to said extent.

7. Since entire award amount has been deposited before the Commissioner for Commissioner for Employee's Compensation- Cum-Joint Labour Commissioner, Cuttack, the Commissioner is directed to disburse the modified consolidated amount of Rs.5,70,000/-(Five lakhs seventy 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.

8. The appeal is accordingly disposed of.

9. Urgent certified copy of this order be granted on proper application.

( B.P. Routray) Judge

CRBiswal