The Manager Legal vs Ajay Malik And Another
2023 Latest Caselaw 2185 Ori

                     IN THE HIGH COURT OF ORISSA AT CUTTACK
                                    FAO No.36 of 2023

             The Manager Legal, M/s.Shriram                ....          Appellant
             General Insurance Co. Ltd.
                                                        Mr. G.P. Dutta, Advocate
                                             -versus-
             Ajay 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.155 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.

FAO No.36 of 2023

4. Present appeal by the insurer is directed against the judgment and award dated 11.7.2022 passed in E.C. Case No.68/2014 by the Commissioner for Employee's Compensation-cum-Divisional Labour Commissioner, Odisha, Bhubaneswar, wherein compensation to the tune of Rs.14,52,942/- 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-15-1550 belonging to Respondent No.2.

5. Upon hearing both the parties and considering all such grounds of challenge advanced, a reduced compensation of Rs.8,00,000/- (Rupees Eight Lakhs) 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.

6. Since the entire award amount has been deposited before the learned Commissioner, out of the said amount, a sum of Rs.8,00,000/- 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