Orissa High Court
Officer-In-Charge vs Sitanath Nanda And Another on 1 May, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
FAO No.186 of 2023
Officer-in-charge, Shriram General .... Appellant
Insurance Company Ltd.
Mr. G.P. Dutta, Advocate
-versus-
Sitanath Nanda and another .... Respondents
Mr. B.N. Samantaray, Advocate for Respondent No.1
CORAM:
JUSTICE B. P. ROUTRAY
ORDER
01.05.2023
Order No.
I.A. No. of 2023
01. 1. This application has been filed in Court today for condonation
of delay. The same be registered and kept on record.
2. Heard Mr. G.P. Dutta, learned counsel for the Appellant-
Insurance company and Mr. B.N. Samantaray, learned counsel for
the Respondent No.1-claimant.
3. Upon hearing both the parties and considering the grounds
mentioned in the petition, the delay in filing the appeal is
condoned.
4. The I.A. is disposed of.
I.A. No.304 of 2023
5. Copy of receipt of deposit of the award amount before the
learned Commissioner is filed in Court today. The same is kept
on record.
6. The I.A. is disposed of.
FAO No.186 of 2023
7. Though this matter was listed under the heading "For Orders",
but the same is taken up for final disposal on the request of
parties.
8. Present appeal by the insurer is directed against the judgment
and award dated 8.12.2022 passed in E.C. Case No.21/2015 by
the Commissioner for Employee's Compensation-cum-Divisional
Labour Commissioner, Jagatsinghpur, wherein compensation to
the tune of Rs.11,64,097/- 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-05-M-7767 belonging
to Respondent No.2.
9. 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. B.N. Samantaray, 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.
10. 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.
11. With aforesaid modification of the award, the FAO is
disposed of.
12. An urgent certified copy of this order be granted on proper
application.
( B.P. Routray)
Judge
BASANTA Digitally signed by
B.K. Barik BASANTA KUMAR
KUMAR BARIK
Date: 2023.05.03
BARIK 11:54:11 +05'30'
