Orissa High Court
The General Manager vs Chandra Sekhar Majhi And Others on 19 October, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
FAO No.45 of 2023
The General Manager, Power Mech .... Appellant
Projects Ltd.
Mr. D. Mund, Advocate
-versus-
Chandra Sekhar Majhi and others .... Respondents
Mr. P.K. Mishra, Advocate for Respondent No.1
Mr. P.K. Mahali, Advocate for Respondent No.3
CORAM:
JUSTICE B. P. ROUTRAY
ORDER
19.10.2023
Order No.
04. 1. Heard Mr. D. Mund, learned counsel for the Appellant-
Employer, Mr. P.K. Mishra, learned counsel for Respondent
No.1-claimant and Mr. P.K. Mahali, learned counsel for the
Respondent No.3-Insurance Company.
2. Present appeal by the employer is directed against the
judgment and award dated 30.11.2022 passed in E.C. Case
No.16/2017 by the Commissioner for Employee's Compensation-
cum-Joint Labour Commissioner, Angul, wherein compensation
to the tune of Rs.10,25,136/- along with interest @12% per
annum from the date of accident till the date of deposit 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 Fitter.
Signature Not Verified
Digitally Signed
Signed by: BASANTA KUMAR BARIK
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 19-Oct-2023 18:50:49
3. Mr. Mund, learned counsel for the Appellant-employer submits
that the accident is validly covered by the insurance policy and
therefore, the insurer is liable to indemnify the compensation
amount. He further submits that the injured-claimant is not unfit
for further work and therefore, computation of compensation
towards loss of future income is erroneous.
4. At the outset, Mr. P.K. Mahali, learned counsel for the insurer-
Respondent No.3 admits validity of the insurance policy on the
date of accident covering the risk in respect of workman-injured
as per copy of the policy produced under Annexure-8.
5. So far as challenges with regard to compensation towards loss
of future income is concerned, admittedly the workman sustained
40% disability due to burn of the abdomen and upper limb area
including both hands and resulting contracture of both hands.
Therefore, what is submitted by Mr. Mund and Mr. Mahali that
the injured-workman is not unfit for future employment is not
found prima facie correct. As such, the learned Commissioner has
rightly proceeded for computation of compensation towards loss
of future income applying multiplier factor 213.57 with 100%
loss of earning capacity.
6. Accordingly, I do not see any merit in the appeal to reduce the
compensation amount computed by the learned Commissioner.
However, the liability is shifted to the insurer to pay the
compensation amount.
Signature Not Verified
Digitally Signed
Signed by: BASANTA KUMAR BARIK
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 19-Oct-2023 18:50:49
7. In the result, the appeal is allowed in respect of liability which
is accordingly shifted to the Insurance Company-Respondent
No.3 as discussed above. But in respect of quantum of
compensation, the same amount as directed by the learned
Commissioner is confirmed.
8. The Insurance Company-Respondent No.3 is directed to
deposit the entire compensation amount along with interest as per
the direction of learned Commissioner contained in the impugned
award within a period of two months from today, which shall be
disbursed in favour of the injured-claimants on such terms and
proportion to be fixed by the learned Commissioner.
9. It is made clear that the amount already deposited by the
Appellant before learned Commissioner in the meantime shall be
disbursed in favour of the claimant-injured, which shall be
adjusted and returned to the Appellant from the amount to be
deposited by insurer-Respondent No.3. It goes without saying that
the balance amount towards interest shall be paid accordingly to
the injured-claimant upon deposit of entire amount by the insurer.
10. 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: 19-Oct-2023 18:50:49
