The Divisional Manager vs Bijay Khatua And Another
2023 Latest Caselaw 5770 Ori

                    IN THE HIGH COURT OF ORISSA AT CUTTACK
                                  FAO No.56 of 2023
            The Divisional Manager, M/s.National ....            Appellant
            Insurance Co. Ltd.
                                               Mr. B.N. Udgata, Advocate
                                      -versus-
            Bijay Khatua and another                ....      Respondents
                            Mr. P.K.Mishra, Advocate for Respondent No.1

                        CORAM:
                        JUSTICE B. P. ROUTRAY

                                      ORDER

11.05.2023 Order No.

02. 1. Heard Mr. B.N. Udgata, learned counsel for the Appellant-

Insurance company and Mr. P.K. Mishra, learned counsel for Respondent No.1-claimant.

2. Present appeal by the insurer is directed against the judgment and award dated 18.11.2022 passed in E.C. Case No.212-D/2018 by the Commissioner for Employee's Compensation-cum-Joint Labour Commissioner, Cuttack, wherein compensation to the tune of Rs.9,74,827/- including interest has been granted to claimant-Respondent No.1 on account of injury sustained by him in course of and arising out of the employment as helper in a Truck bearing Registration No.OD-02-AE-3691 belonging to Respondent No.2.

3. Upon hearing both the parties and considering all such grounds of challenge advanced, a reduced compensation of Rs.8,50,000/-

(Rupees Eight Lakhs Fifty Thousand) consolidated is proposed to the parties in course of hearing. Mr. P.K. Mishra, learned counsel for claimant-Respondent No.1 agrees to the same and Mr. B.N. Udgata, learned counsel for Appellant-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 said amount, a sum of Rs.8,50,000/- 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.

5. With aforesaid modification of the award, the FAO is disposed of.

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

                                                                           ( B.P. Routray)
                                                                                Judge




BASANTA        Digitally signed
     B.K. Barikby BASANTA
KUMAR KUMAR BARIK
               Date: 2023.05.12
BARIK          10:17:01 +05'30'