The Legal Manager vs Gopabandhu Rout And Another
2023 Latest Caselaw 12881 Ori

                        IN THE HIGH COURT OF ORISSA AT CUTTACK
                                  FAO No.442 of 2023
                 The Legal Manager, Claims, M/s.
                 Cholamandalam      MS    General
                 Insurance Co. Ltd., Ashok Nagar, ....          Appellant
                 Bhubaneswar
                                               Mr. G.P. Dutta, Advocate
                                              -versus-
                 Gopabandhu Rout and Another              ....        Respondents
                             Mr. B.N. Samantaray, counsel for Respondent No.1
                            CORAM:
                            SHRI JUSTICE B. P. ROUTRAY
                                          ORDER

17.10.2023 Order No. I.A. No.814 of 2023

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

2. Since the award amount has already been deposited, the I.A. is disposed of.

I.A. No.863 of 2023

02. 3. Heard Mr. G.P. Dutta, learned counsel for the insurer -

Appellant and Mr. B.N. Samantaray, learned counsel for the claimant

- Respondent.

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

5. The I.A. is disposed of.

FAO No.442 of 2023

03. 6. Present appeal by the insurer is directed against the impugned judgment dated 26th June, 2023 of learned Commissioner for Employee's Compensation-cum-Divisional Labour Commissioner, Cuttack passed in E.C. Case No.151-D of 2016, wherein compensation to the tune of Rs.7,64,696/- (including interest) has been granted on account of injuries sustained by the claimant arising out of and in course of his employment as helper in the truck bearing registration number OR-09-F-8771.

7. Upon hearing both parties and considering all such grounds of challenge advanced, a reduced compensation of Rs.4,00,000/- consolidated is proposed to the parties. This is agreed by Mr. Samantaray, learned counsel for claimant - Respondent and Mr. Dutta, learned counsel for the insurer leaves it to the discretion of the court. Accordingly the compensation amount is fixed to the said extent.

8. Since the entire compensation amount has already been deposited before the learned Commissioner, out of the same a consolidated sum of Rs.4,00,000/- (four 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.

9. The appeal is disposed of accordingly.

10. 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 Designation: Senior Steno Reason: Authentication

Location: OHC, Cuttack Date: 18-Oct-2023 11:10:01