The Manager Legal vs Srikant Das And Another
2023 Latest Caselaw 12882 Ori

                                         IN THE HIGH COURT OF ORISSA AT CUTTACK
                                                     FAO No.438 of 2023
                                 The Manager Legal,                     ....          Appellant
                                 M/s.Cholamandalam MS General
                                 Insurance Company Ltd.
                                                                     Mr. G.P. Dutta, Advocate
                                                           -versus-
                                 Srikant Das and another                ....       Respondents
                                                   Mr. K.K. Das, Advocate for Respondent No.1
                                            CORAM:
                                            JUSTICE B. P. ROUTRAY
                                                         ORDER

17.10.2023 Order No. I.A. No.785 of 2023

01. 1. Since the receipt showing deposit of the award amount before the learned Commissioner has been filed, the I.A. is disposed of.

I.A. No.861 of 2023

2. Heard Mr. G.P. Dutta, learned counsel for the Appellant- Insurance Company and Mr. K.K. Das, learned counsel for Respondent No.1-claimant.

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

4. The I.A. is disposed of.

FAO No.438 of 2023

5. Present appeal by the insurer is directed against the judgment and award dated 3.7.2023 passed in E.C. Case No.86/2018 by the Commissioner for Employee's Compensation-cum-Divisional Labour Commissioner, Odisha, Bhubaneswar, wherein

Signature Not Verified Digitally Signed Signed by: BASANTA KUMAR BARIK Reason: Authentication Location: High Court of Orissa, Cuttack Date: 18-Oct-2023 11:13:28 compensation to the tune of Rs.16,37,050/- including interest has been granted to the claimant-Respondent No.1 on account of injury sustained by him in course of and arising out of the employment as a helper in a Truck bearing Registration No.OR- 09-E-7132 belonging to Respondent No.2.

6. Upon hearing both the parties and considering all such grounds of challenge advanced, a reduced compensation of Rs.9,90,000/- (Rupees Nine Lakhs Ninety Thousand) consolidated is proposed to the parties in course of hearing. Mr. K.K. Das, learned counsel for the claimant-Respondent No.1 agrees to the same and Mr. G.P. Dutta, learned counsel for Appellant-Insurance Company leaves it to the discretion of the Court. The compensation amount is accordingly fixed to that extent.

7. Since the entire award amount has been deposited before the learned Commissioner, out of the said amount, a consolidated sum of Rs.9,90,000/- along with proportionate accrued interest be disbursed in favour of the claimant-Respondent No.1 within a period of eight weeks from today and the balance amount along with proportionate accrued interest thereon shall be refunded to the Appellant-Insurance Company within the same period on proper application. The penalty and penal interest is waived.

8. With aforesaid modification of the award, the FAO is disposed of.

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

( B.P. Routray) Judge B.K. Barik

Signature Not Verified

Digitally Signed Signed by: BASANTA KUMAR BARIK Reason: Authentication Location: High Court of Orissa, Cuttack Date: 18-Oct-2023 11:13:28