The Manager vs Ramesh Chandra Mohanty
2023 Latest Caselaw 5105 Ori

              IN THE HIGH COURT OF ORISSA AT CUTTACK

                           FAO No.67 of 2023

         The Manager, Legal, M/s.        ....     Appellant
         Bajaj Allianz G.I.C.O. Ltd.            Mr.A.A.Khan, Advocate



                                        -versus-

         Ramesh Chandra Mohanty          ....   Respondents
         & Another
                                                   Mr. D.Patnaik, Advocate
                                                    (forRespondent No.1)

                            COROM:
                 JUSTICE BIRAJA PRASANNA SATAPATHY

                                 ORDER

04.05.2023

I.A No.220 of 2023 Order No

02. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode.

2. This application has been filed by the Appellant for correction and modification of order dated 11.02.2023.

3. Heard.

4. Considering the averments made in the application itself, the order dated 11.02.2023 is recalled and fresh order is passed in FAO No.67 of 2023.

5. The Interlocutory Application stands disposed of.

(Biraja Prasanna Satapathy) Judge

P.T.O // 2 //

ORDER 04.05.2023

FAO No.67 of 2023

03. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode.

2. The parties herein in the appeal prayed for disposal of the matter in terms of the compromise arrived at in between the claimant and the Insurer.

3. The present appeal has been filed by the appellant- company challenging the order passed by the Learned Commissioner for Employee's Compensation-cum- Divisional Labour Commissioner, HQRS in E.C. Case No.267 of 2014 vide judgment dated 29.12.2022.

4. Heard Mr. A.A. Khan, learned counsel appearing for the Appellant-Company and Mr. D. Patnaik, learned counsel appearing for the claimant-respondent No.1

5. It is agreed in between the parties that the respondent-claimant will be satisfied if the order passed by the learned Commissioner is modified to Rs.07,00,000/- with a direction to the appellant-company to pay consolidated amount of Rs.07,00,000/- (Rupees Seven Lakhs) in favour of the Respondent-Claimant No.1.

6. Learned counsel for the Appellant-Company further submitted that the aforesaid amount of Rs.07,00,000/- will be deposited before the learned Tribunal within a

// 3 //

period of two months from the date of receipt of this order.

7. It is directed that on such deposit of the amount, learned Tribunal shall disburse the same in favour of the claimant-respondent in full on proper identification.

8. However, if the appellant-company fails to pay the amount within the time as agreed upon, then the consolidated amount of Rs.07,00,000/- shall carry interest @ 6 % per annum from the date of expiry of period of two months till its payment.

9. The compromise petition be treated as part of the record and the same be kept on record.

10. The FAO is accordingly disposed of.

(Biraja Prasanna Satapathy) Judge Subrat

Signature Not Verified Digitally Signed Signed by: SUBRAT KUMAR BARIK Designation: Senior Stenographer Reason: .

Location: HIGH COURT OF ORISSA, CUTTACK Date: 08-May-2023 13:08:58