New India Assurance Company vs Kedar Nath Sahoo And Another
2023 Latest Caselaw 2183 Ori

                    IN THE HIGH COURT OF ORISSA AT CUTTACK
                               FAO No.521 of 2022
            New India Assurance Company           ....          Appellant
            Limited
                                               Mr. A.A. Khan, Advocate
                                     -versus-
            Kedar Nath Sahoo and another          ....       Respondents
                          Mr. P.K. Mishra, Advocate for Respondent No.1
                       CORAM:
                       JUSTICE B. P. ROUTRAY
                                   ORDER

16.03.2023 Order No.

05. 1. Heard Mr. A.A.Khan, learned counsel for the Appellant-

Insurance Company and Mr. P.K. Mishra, learned counsel for Respondent No.1-claimant.

2. Present appeal by the insurer is directed against the judgment and award dated 20.9.2022 passed in E.C. Case No.405-D/2016 by the Commissioner for Employee's Compensation-cum- Divisional Labour Commissioner, Cuttack wherein compensation to the tune of Rs.4,45,070/- 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 labourer in the Truck bearing Registration No.OR-04-A-9225 belonging to Respondent No.2.

3. Upon hearing both parties and considering all such grounds of challenge advanced, a reduced compensation of Rs.3,50,000/- (Rupees Three Lakhs Fifty Thousand) consolidated is proposed to the parties in course of hearing. Mr. P.K.Mishra, learned counsel for the claimant-Respondent No.1 agrees to the same and Mr.

A.A. Khan, learned counsel for Appellant-Insurance Company leaves it to the discretion of the Court. The compensation amount is accordingly fixed to that extent.

4. Since the entire award amount has been deposited before the learned Commissioner, out of the said amount, a sum of Rs.3,50,000/- 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.

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

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

( B.P. Routray) Judge

B.K. Barik