The Manager Legal vs Rama Chandra Panda & Anr
2023 Latest Caselaw 13006 Ori

Signature Not Verified
Digitally Signed
Signed by: SANGRAM DAS
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 19-Oct-2023 18:51:09


                                            IN THE HIGH COURT OF ORISSA AT CUTTACK
                                                      FAO No. 296 of 2023
                                  The Manager Legal, M/S. Sriram              ....          Appellant
                                  General Insurance Co.Ltd.
                                                                           Mr.G.P.Dutta, Advocate
                                                                -versus-
                                  Rama Chandra Panda & Anr.                   ....       Respondents
                                                                              Mr.K.K.Das, Advocate

                                               CORAM:
                                               SHRI JUSTICE B. P. ROUTRAY
                                                             ORDER

18.10.2023 I.A. No. 651 of 2023 Order No.

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

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

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

4. I.A. is disposed of.

I.A. No. 504 of 2023

5. Since the receipt showing deposit of award amount has already been filed, the I.A. is disposed of accordingly. FAO No. 296 of 2023

6. Present appeal by the Insurer is directed against impugned judgment/award dated 9th January, 2023 passed by the Commissioner for Employee's Compensation-Cum-Divisional Labour Commissioner, BBSR in E.C. Case No.161 of 2013, wherein compensation to the tune of Rs.17,92,714/- 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 18:51:09

account of injuries sustained by the claimant in course of his employment as a helper of the Truck bearing registration No.OR-05- S-1709.

7. Having heard both parties and considering all such grounds of challenge advanced, a reduced compensation of Rs.8,60,000/- consolidated is proposed to the parties in course of hearing. The same is agreed by Mr.Das, 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.

8. Since the entire award amount has been deposited before the Commissioner for Employee's Compensation-Cum-Divisional Labour Commissioner, BBSR, the Commissioner is directed to disburse the reduced consolidated amount of Rs. 8,60,000/-(Eight lakhs sixty thousand) 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.

9. The appeal is accordingly disposed of.

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

( B.P. Routray) Judge

S.Das