The Divisional Manager vs Chaturbhuja Nayak And Another
2023 Latest Caselaw 10656 Ori

                                          IN THE HIGH COURT OF ORISSA AT CUTTACK

                                                     FAO No.226 of 2023
                                The Divisional Manager, Odisha Hub, ....              Appellant
                                M/s.National Insurance Co. Ltd.
                                      Mr. S.K. Mishra, Advocate on behalf of Mr. S. Satapathy,
                                                                                     Advocate
                                                           -versus-
                                Chaturbhuja Nayak and another           ....       Respondents
                                               Mr. K. Panigrahi, Advocate for Respondent No.1
                                            CORAM:
                                            JUSTICE B. P. ROUTRAY

                                                         ORDER

02.09.2023 Order No.

01. 1. Heard Mr. S.K. Mishra, on behalf of Mr. S. Satapathy, learned counsel for Appellant-Insurance Company and Mr. K. Panigrahi, learned counsel for Respondent No.1-claimant.

2. Present appeal by the insurer is directed against the judgment and award dated 23.12.2022 passed in E.C. Case No.158-D/2013 by the Commissioner for Employee's Compensation-cum-Joint Labour Commissioner, Cuttack, wherein compensation to the tune of Rs.11,00,427/- 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 driver in Truck bearing Registration No.OR-21-A-1085 belonging to Respondent No.2.

3. Upon hearing both the parties and considering all such grounds of challenge advanced, a reduced compensation of Rs.8,00,000/- (Rupees Eight Lakhs) consolidated is proposed to the parties in

Signature Not Verified Digitally Signed Signed by: BASANTA KUMAR BARIK Reason: Authentication Location: High Court of Orissa, Cuttack Date: 08-Sep-2023 11:02:34 course of hearing. Mr. K. Panigrahi, learned counsel for the claimant-Respondent No.1 agrees to the same and Mr. S.K. Mishra, learned counsel for Appellant-Insurance Company leaves it to the discretion of the Court. The compensation amount is accordingly fixed to that extent.

4. Since entire award amount has been deposited before the learned Commissioner, out of said amount, a consolidated sum of Rs.8,00,000/- along with proportionate accrued interest be disbursed in favour of 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.

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

6. 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: 08-Sep-2023 11:02:34