Divisional Manager vs Rajendra Biswal And Another
2023 Latest Caselaw 12349 Ori

                        IN THE HIGH COURT OF ORISSA AT CUTTACK

                                     FAO No.329 of 2023
                 Divisional   Manager,    Oriental
                 Insurance Co. Ltd., Sahid Nagar,
                 Bhubaneswar                       ....                 Appellant
                                                       Mr. P.K. Mahali, Advocate
                                            -versus-
                 Rajendra Biswal and Another               ....       Respondents
                                  Mr. P.K. Mishra, counsel for Respondent No.1

                           CORAM:
                           SHRI JUSTICE B. P. ROUTRAY
                                         ORDER

10.10.2023 Order No.

02. 1. The matter is taken up through hybrid mode.

2. Heard Mr. P.K. Mahali, learned counsel for insurer - Appellant, Mr. P.K. Mishra, learned counsel for claimant - Respondent No.1.

3. Present appeal by the insurer is directed against the impugned judgment dated 18th April, 2023 of learned Commissioner for Employee's Compensation-cum-Joint Labour Commissioner, Cuttack passed in E.C. Case No.433-D of 2015, wherein compensation to the tune of Rs.13,36,128/- (including interest) has been granted on account of injuries sustained by the claimant arising out of and in course of his employment as driver in the Auto Rickshaw bearing registration number OD-05-L-4544.

4. Upon hearing both parties and considering all such grounds of challenge advanced, a reduced compensation of Rs.6,90,000/- consolidated is proposed to the parties. This is agreed by Mr. Mishra, learned counsel for claimant - Respondent No.1 and Mr. Mahali, learned counsel for the insurer leaves it to the discretion of the court. Accordingly the compensation amount is fixed to said extent.

5. Since the entire compensation amount has already been deposited before learned Commissioner, out of the same a consolidated sum of Rs.6,90,000/- (six lakhs ninety thousand) along with accrued interest thereof be disbursed in favour of the claimant - Respondent No.1 within a period of two months from today. The rest amount along with proportionate accrued interest be refunded to the insurer - Appellant.

6. However the direction for payment of penal interest and penalty is waived.

7. The appeal is disposed of accordingly.

8. An urgent certified copy of this order be issued as per rules.

( B.P. Routray) Judge M.K.Panda

Signature Not Verified Digitally Signed Signed by: MANAS KUMAR PANDA

Reason: Authentication Location: OHC, Cuttack Date: 12-Oct-2023 11:02:27