The Regional Manager vs Bishnu Charan Sahoo And Another
2023 Latest Caselaw 10914 Ori

Signature Not Verified
Digitally Signed
Signed by: CHITTA RANJAN BISWAL
                                           IN THE HIGH COURT OF ORISSA AT CUTTACK
Designation: Secretary
Reason: Authentication
Location: Orissa High Court, Cuttack                       FAO No.261 of 2023
Date: 08-Sep-2023 18:56:03

                                   The Regional Manager,
                                   M/s.New India Assurance Company
                                   Limited.                                     ....         Appellant
                                                                               Mr.G.P.Dutta, Advocate

                                                                  -versus-

                                   Bishnu Charan Sahoo and another      ....      Respondents
                                                    Mr.K.K.Das, Advocate for Respondent No.1

                                                CORAM:
                                                JUSTICE B. P. ROUTRAY

                                                                ORDER

5.9.2023 Order No. I.A.No.755 of 2023

1. 1. The matter is taken up through Hybrid mode.

2. Heard Mr.Dutta, learned counsel for the Insurer- Appellant and Mr.Das, learned Advocate for claimant- Respondent No.1.

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

4. The I.A. is disposed of.

FAO No.261 of 2023

5. Present appeal by the Insurer is directed against impugned judgment/award dated 10th April, 2023 passed by the Commissioner for Employee's Compensation-Cum-Divisional Labour Commissioner, Hqrs. Bhubaneswar, in E.C.Case No.87 of 2015, wherein compensation to the tune of Rs.16,05,058/- has

Signature Not Verified Digitally Signed Signed by: CHITTA RANJAN BISWAL been granted on account of injuries sustained by the claimant in Designation: Secretary Reason: Authentication course of his employment as a labourer of Truck bearing Location: Orissa High Court, Cuttack Date: 08-Sep-2023 18:56:03 registration no.OR-04-5873.

6. Having heard both parties and considering all such grounds of challenge advanced, a reduced compensation of Rs.9,80,000/- consolidated is proposed to the parties in course of hearing. The same is agreed by Mr.Das, learned counsel for the claimant-Respondent No.1. Mr.Dutta, learned counsel for the Insurer leaves it to the discretion of the Court. Accordingly, the amount is reduced to said extent.

7. Since the entire award amount has been deposited before the Commissioner for Employee's Compensation-Cum- Divisional Labour Commissioner, Hqrs. Bhubaneswar, the Commissioner is directed to disburse the modified consolidated amount of Rs.9,80,000/- (Nine lakhs eighty 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, the direction for payment of penal interest as well as penalty is waived.

8. The appeal is accordingly disposed of.

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

( B.P. Routray) Judge

C.R.Biswal.