The Manager-Legal vs Udaynath Malik And Another
2023 Latest Caselaw 2184 Ori

                     IN THE HIGH COURT OF ORISSA AT CUTTACK
                                    FAO No.513 of 2022

             The Manager-Legal, M/s.Reliance              ....         Appellant
             General Insurance Co. Ltd.
                                                       Mr. G.P. Dutta, Advocate
                                      -versus-
             Udaynath Malik and another            ....       Respondents
                                Mr. K. Das, Advocate for Respondent No.1

                         CORAM:
                         JUSTICE B. P. ROUTRAY

                                           ORDER

16.03.2023 Order No. I.A. No.118 of 2023

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

Insurance company and Mr. K. Das, learned counsel for the 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.

I.A. No.791 of 2022

4. Copy of receipt of deposit of the award amount before the learned Commissioner is filed in Court today. The same be kept on record.

5. The I.A. is disposed of.

FAO No.513 of 2022

6. Present appeal by the insurer is directed against the judgment and award dated 1.10.2022 passed in E.C. Case No.52/2015 by the Commissioner for Employee's Compensation-cum-Divisional Labour Commissioner, Odisha, Bhubaneswar, wherein compensation to the tune of Rs.13,61,221/- 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-09-F-9141 belonging to Respondent No.2.

7. Upon hearing both the parties and considering all such grounds of challenge advanced, a reduced compensation of Rs.9,50,000/- (Rupees Nine Lakhs Fifty Thousand) consolidated is proposed to the parties in course of hearing. Mr. K. Das, 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.

8. Since the entire award amount has been deposited before the learned Commissioner, out of the said amount, a sum of Rs.9,50,000/- 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.

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

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

( B.P. Routray) Judge

B.K. Barik