The Divisional Manager vs Babuli Jena And Another
2023 Latest Caselaw 11209 Ori

                    IN THE HIGH COURT OF ORISSA AT CUTTACK
                              FAO No.134 of 2023
            The Divisional Manager, M/s. New
            India Assurance Co. Ltd., Kathajodi
            Road, Badambadi, Cuttack                     ....        Appellants
                     Mr. S.K. Mishra on behalf of Mr. S. Satpathy, Advocate
                                          -versus-
            Babuli Jena and Another                 ....       Respondents
                        Mr. Debasish Patnaik, counsel for Respondent No.2
                               Mr. B. Sahoo, counsel for Respondent No.1

                         CORAM:
                         SHRI JUSTICE B. P. ROUTRAY
                                      ORDER

13.9.2023 Order No. I.A. No.230 of 2023

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

2. Heard Mr. S.K. Mishra, learned counsel for the insurer - Appellant, Mr. B. Sahoo, learned counsel for the claimant - Respondent No.1 and Mr. D. Patnaik, learned counsel for owner

- Respondent No.2.

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

4. The I.A. is disposed of.

FAO No.134 of 2023

03. 5. Present appeal by the insurer is directed against the impugned judgment dated 5th December 2022 of learned Commissioner for Employee's Compensation - cum - Divisional Labour

Commissioner, Cuttack passed in E.C. Case No.477-D of 2017, wherein compensation to the tune of Rs.9,12,199/- (including interest) has been granted on account of injuries sustained by the injured - claimant arising out of and in course of his employment as driver in the Pick-up Van bearing registration number OD-05- 2440.

6. Upon hearing both parties and considering all such grounds of challenge advanced, a reduced compensation of Rs.5,00,000/- consolidated is proposed to the parties. This is agreed by Mr. B. Sahoo, learned counsel for claimant - Respondent No.1 and Mr. S.K. Mishra, learned counsel for the insurer leaves it to the discretion of the court. Accordingly the compensation amount is fixed to said extent.

7. Since the entire compensation amount has already been deposited before learned Commissioner, out of the same a consolidated sum of Rs.5,00,000/- (five lakhs) along with accrued interest thereof be disbursed in favour of the claimant - Respondent No.1 within a period of two months from today. The rest amount along with proportionate accrued interest be refunded to the insurer - Appellant.

8. However the direction for payment of penal interest and penalty is waived.

9. The appeal is disposed of accordingly.

10. An urgent certified copy of this order be issued as per rules.

            Signature Not Verified                           ( B.P. Routray)
            Digitally Signed
            Signed by: MANAS KUMAR PANDA                          Judge

M.K.Panda Designation: Senior Steno Reason: Authentication Location: OHC, Cuttack