Iffco-Tokio General Insurance vs Siba Prasad Muli And Another
2023 Latest Caselaw 2631 Ori

                    IN THE HIGH COURT OF ORISSA AT CUTTACK
                            FAO No.316 of 2022 & FAO No.230 of 2022
            FAO No.316 of 2022

            IFFCO-TOKIO General Insurance             ....         Appellant
            Company Ltd.
                                                  Mr. A.A. Khan, Advocate
                                      -versus-
            Siba Prasad Muli and another           ....       Respondents
                             Mr. K.K. Jena, Advocate for Respondent No.1

            FAO No.230 of 2022

            Siba Prasad Mulli                       ....           Appellant
                                                   Mr. K.K. Jena, Advocate
                                     -versus-
            Bikashendu Mishra and another        ....       Respondents
                           Mr. A.A. Khan, Advocate for Respondent No.2
                       CORAM:
                       JUSTICE B. P. ROUTRAY
                                  ORDER

31.03.2023 Order No. FAO No.316 of 2022 & FAO No.230 of 2022

05. 1. Heard Mr. A.A. Khan, learned counsel for the Insurance Company and Mr. K.K., Jena, learned counsel for claimant.

2. Both the appeals being arise out of same impugned judgment and award dated 12.04.2022 passed in E.C. Case No.206-D/2016 by the Commissioner for Employee's Compensation-cum-Joint Labour Commissioner, Cuttack wherein compensation to the tune of Rs.14,08,559/- including interest has been granted to the claimant on account of injury sustained by him in course of and arising out of the employment as a helper-checker-cum-ticket

collector in the Bus bearing Registration No.OR-02-AG-2313 belonging to Respondent No.2 in FAO No.316 of 2022 and Respondent No.1 in FAO No.230 of 2022, are heard together and disposed of by this common order.

3. Upon hearing both parties and considering all such grounds of challenge advanced in both the appeals, a reduced compensation of Rs.8,00,000/- (Rupees Eight Lakhs) consolidated is proposed to the parties in course of hearing. Mr. K.K. Jena, learned counsel for the claimant agrees to the same and Mr. A.A. Khan, learned counsel for 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.8,00,000/- along with proportionate accrued interest be disbursed in favour of the claimant within a period of eight weeks from today and the balance amount along with proportionate accrued interest thereon shall be refunded to the Insurance Company within the same period on proper application.

5. With aforesaid modification of the award, both the FAOs are disposed of.

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

( B.P. Routray) Judge B.K. Barik