The Manager Legal vs Naresh Kumar Behera & Anr
2023 Latest Caselaw 6666 Ori

Signature Not Verified
Digitally Signed
Signed by: SANGRAM DAS
Designation: Jr. Stenographer
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 19-May-2023 14:42:38


                                          IN THE HIGH COURT OF ORISSA AT CUTTACK
                                                      FAO No.172 of 2023

                               The Manager Legal, M/S.                   ....         Appellant
                               Cholamandalam MS General
                               Insurance Co.Ltd.
                                                                       Mr.G.P.Dutta, Advocate

                                                            -versus-

                               Naresh Kumar Behera & Anr.                ....    Respondents
                                                                         Mr.K.Das, Advocate

                                            CORAM:
                                            JUSTICE B. P. ROUTRAY

                                                          ORDER

19.05.2023 Order No.

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

2. Heard Mr. Dutta, learned counsel for the Insurer- Appellant and Mr. Das, learned counsel for the Respondent No.1.

3. Present appeal by the Insurer is directed against impugned judgment/award dated 6th February, 2023 passed by the Commissioner for Employee's Compensation-Cum-Divisional Labour Commissioner, HQRS in E.C. Case No.201 of 2015, wherein compensation to the tune of Rs.17,33,352/- has been granted on account of injuries sustained by the claimant in course of his employment as a driver of the Truck bearing registration No.OR-04C-9285.

4. Having heard both parties and considering all such grounds of challenge advanced, a reduced compensation of Rs.8,50,000/- consolidated is proposed to the parties in course of

Signature Not Verified Digitally Signed Signed by: SANGRAM DAS Designation: Jr. Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 19-May-2023 14:42:38

hearing. The same is agreed by Mr. Das, learned counsel for the claimant-Respondent No.1. Mr. Dutta, learned counsel for the Insurer leaves it to the discretion of the Court. Accordingly, the amount is reduced to said extent.

5. Since the entire award amount has been deposited before the Commissioner for Employee's Compensation-Cum- Divisional Labour Commissioner, HQRS, the Commissioner is directed to disburse the reduced consolidated amount of Rs. 8,50,000/-(Eight lakhs fifty thousand) with proportionate accrued interest thereof in favour of the claimant within a period of two months from today. The balance amount with proportionate accrued interest thereof shall be refunded to the Insurer- Appellant.

6. The appeal is accordingly disposed of.

7. Urgent certified copy of this order be granted on proper application.

( B.P. Routray) Judge S.Das