The Regional Manager vs Gagan Bihari Rout And Another
2023 Latest Caselaw 2496 Ori

                    IN THE HIGH COURT OF ORISSA AT CUTTACK
                              FAO No.54 of 2023
            The Regional Manager, M/s. Oriental
            Insurance Company Ltd.                 ....        Appellants
                                             Mr. Somnath Roy, Advocate
                                     -versus-
            Gagan Bihari Rout and Another          ....      Respondents
                           Mr. P.K. Mishra, Counsel for Respondent No.1

                        CORAM:
                        SHRI JUSTICE B. P. ROUTRAY
                                      ORDER

28.3.2023 Order No.

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

2. Heard Mr. S. Roy, learned counsel for the insurer - Appellant and Mr. P.K. Mishra, learned counsel for claimant - Respondent.

3. Present appeal by the insurer is directed against impugned judgment dated 5th December, 2022 of learned Commissioner for Employee's Compensation-cum-Joint Labour Commissioner, Cuttack passed in E.C. Case No.60-D of 2018, wherein compensation to the tune of Rs.12,24,732/- (including interest) has been granted on account of injuries sustained by the injured - claimant arising out of and in course of his employment as driver in the truck bearing registration number OR-05-Y-8551.

4. Upon hearing both parties and considering all such grounds of challenge advanced including renewal of DL by the injured, a consolidated sum of Rs.5,00,000/- is proposed to the parties. This is agreed by Mr. Mishra, learned counsel for the claimant - Respondent and Mr. Roy, learned counsel for the insurer leaves it to the discretion of the court. Accordingly the compensation amount is fixed to said extent.

5. Since the entire compensation amount has already been deposited before learned Commissioner, out of the same a consolidated sum of Rs.5,00,000/- (five lakhs) along with accrued interest thereof be disbursed in favour of the injured - claimant within a period of two months from today. The rest amount along with proportionate accrued interest be refunded to the insurer - Appellant.

6. The appeal is disposed of accordingly.

7. An urgent certified copy of this order be issued as per rules.

( B.P. Routray) Judge M.K.Panda