The Divisional Manager vs Sudam Jena And Another
2023 Latest Caselaw 12486 Ori

                        IN THE HIGH COURT OF ORISSA AT CUTTACK
                                  FAO No.355 of 2023
                 The Divisional Manager, M/s. Oriental
                 Insurance Co. Ltd., Sahid Nagar,
                 Bhubaneswar                           ....             Appellant
                                                      Mr. Somnath Roy, Advocate
                                            -versus-
                 Sudam Jena and Another                    ....      Respondents
                                Mr. P.K. Mishra, counsel for Respondent No.1
                           CORAM:
                           SHRI JUSTICE B. P. ROUTRAY
                                          ORDER

12.10.2023 Order No. I.A. No.629 & 717 of 2023

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

2. Since the certified copy of the impugned judgment has been filed in the connected appeal, i.e. FAO No.354 of 2023, filing of the same in the present case is dispensed with.

3. The I.As. are disposed of.

FAO No.355 of 2023

02. 4. Heard Mr. S. Roy, learned counsel for the insurer -Appellant and Mr. P.K. Mishra, learned counsel for the claimant - Respondent

5. Present appeal by the insurer is directed against the impugned common judgment dated 21st March, 2023 of learned Commissioner for Employee's Compensation-cum-Joint Labour Commissioner, Cuttack passed in E.C. Case Nos.254-D and 259-D of 2019. Present case is in respect of E.C. Case No.259-D of 2019, wherein compensation to the tune of Rs.9,47,665/- (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 TATA ACE bearing registration number OD-05-K-0841.

6. Upon hearing both parties and considering all such grounds of challenge advanced including renewal of DL, a reduced compensation of Rs.5,00,000/- consolidated is proposed to the parties. This is agreed by Mr. Mishra, learned counsel for claimant - Respondents and Mr. Roy, learned counsel for the insurer leaves it to the discretion of the court. Accordingly the compensation amount is fixed to the said extent.

7. Since the entire compensation amount has already been deposited before learned Commissioner, out of the same a consolidated sum of Rs.5,00,000/- (five lakhs) 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.

8. The appeal is disposed of accordingly.

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

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

Signature Not Verified Digitally Signed

Designation: Senior Steno Reason: Authentication Location: OHC, Cuttack Date: 16-Oct-2023 11:10:12