Legal Manager vs Md. Rejaul Hoque & Anr
2023 Latest Caselaw 12778 Ori

Signature Not Verified
Digitally Signed
Signed by: SANGRAM DAS
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 19-Oct-2023 13:37:30




                                     IN THE HIGH COURT OF ORISSA AT CUTTACK

                                                        FAO No.443 of 2023

                                 Legal Manager, M/S. HDFC ERGO
                                 General Insurance Co.Ltd.                  ....         Appellant
                                                                         Mr.G.P.Dutta, Advocate

                                                              -versus-

                                 MD. Rejaul Hoque & Anr.                    ....       Respondents
                                                                         Mr.D.Pattnaik, Advocate

                                            CORAM:
                                            JUSTICE B. P. ROUTRAY

                                                           ORDER

16.10.2023 I.A. No. 857 of 2023 Order No.

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

2. Heard Mr.Dutta, learned counsel for the Appellant and Mr.Pattnaik, learned counsel for Respondents.

3. Upon hearing both parties and considering the grounds mentioned in the limitation application, delay in filing the appeal is condoned.

4. The I.A. is disposed of.

FAO No. 443 of 2023

5. Present appeal by the Insurer is directed against impugned judgment/award dated 23rd June, 2023 passed by the Commissioner for Employee's Compensation-Cum-Joint Labour Commissioner, Cuttack in E.C. Case No.204-D/2019, wherein compensation to the tune of Rs.10,84,446/- has been granted on

Signature Not Verified Digitally Signed Signed by: SANGRAM DAS Reason: Authentication Location: High Court of Orissa, Cuttack Date: 19-Oct-2023 13:37:30

account of injuries sustained by the claimant in course of his employment as a driver of the Truck bearing registration No.OR- 04-M-2208.

6. Having heard both parties and considering all such grounds of challenge advanced, a reduced compensation of Rs.5,00,00/- consolidated is proposed to the parties in course of hearing. The same is agreed by Mr.Pattnaik, learned counsel for the claimant. Mr.Dutta, learned counsel for the Insurer leaves it to the discretion of the Court. Accordingly, the amount is reduced to said extent.

7. Since the entire award amount has been deposited before the Commissioner for Employee's Compensation-Cum- Joint Labour Commissioner, Cuttack, the Commissioner is directed to disburse the reduced consolidated amount of Rs. 5,00,000/-(Five lakhs) 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. However, penalty & penal interest @ 12% as directed by the Tribunal is waived.

8. The appeal is accordingly disposed of.

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

(B.P. Routray) Judge

S.Das