Divisional Manager vs Sanjaya Kumar Samal & Anr
2023 Latest Caselaw 11844 Ori

                                        IN THE HIGH COURT OF ORISSA AT CUTTACK

                                                      FAO No.363 of 2023
                                      Divisional Manager, M/s.             ....           Appellant
                                      National Insurance Co. Ltd.,
                                                                      Mr. Nayan Behari Das, Adv.


                                                              -versus-

                                      Sanjaya Kumar Samal & Anr.           ....         Respondents

                                                                     Mr. Pradeep Ku. Mishra, Adv.
                                                                                (for Respondent 1)

                                               CORAM:
                                               DR. JUSTICE S.K. PANIGRAHI
                                                             ORDER

Order No. 09.09.2023

02. 1. This matter is taken up through hybrid mode in the 3rd

National Lok Adalat, 2023.

2. Learned counsel for the Appellant/Insurance Company

and learned counsel for the Respondent No.1/ Claimant

are present.

3. The Appellant/ Insurance Company has filed this FAO

challenging the judgment and award dated 27.03.2023

passed by the Commissioner for Employee's

Compensation and Divisional Labour Commissioner,

Cuttack in E.C. Case No.378-/D of 2016 filed by the

Digitally Signed Signed by: LINGARAJ BEHERA Designation: Sr. Stenographer Reason: Authentication Location: Orissa High Court,Cuttack Date: 25-Sep-2023 13:11:55 // 2 //

Respondent No.1 awarding a sum of Rs.11,86,934/-

(Rupees Eleven Lakh Eighty-Six Thousand Nine

Hundred and Thirty-Four only) in favour of Respondent

No.1. The Appellant/ Insurance Company was also

directed to deposit the said awarded amount with the

Commissioner for Employee's Compensation and

Divisional Labour Commissioner, Cuttack within a

period of thirty days of passing of that order, failing

which the Appellant/ Insurance Company shall be liable

to pay 50 % penalty with 12 % interest per annum on the

awarded amount.

4. At present, on the basis of the compromise made

between the parties, the claim is settled by modifying/

reducing the amount awarded with a consolidated

amount of Rs.6,00,000/- (Rupees Six Lakh only).

5. The Appellant /Insurance Company is directed to

deposit the aforesaid consolidated award amount before

the learned Commissioner for Employee's Compensation

and Divisional Labour Commissioner, Cuttack in E.C.

Case No.378-/D of 2016 within a period of two months,

whereafter the same shall be disbursed in favour of the

Claimant (s) in terms of the order and also after keeping

Digitally Signed Signed by: LINGARAJ BEHERA Designation: Sr. Stenographer Reason: Authentication Location: Orissa High Court,Cuttack Date: 25-Sep-2023 13:11:55 // 3 //

proof of proper identification. The impugned award is

modified to the above extent.

6. The FAO is, accordingly, disposed of.

7. The FAO having been disposed of in the 3rd National

Lok Adalat, 2023, no Court fee is payable.

8. Certified copy of this order be issued as per Rules.

( Dr. S.K. Panigrahi, J.) 3rd National Lok Adalat, 2023

L. Behera

Digitally Signed Signed by: LINGARAJ BEHERA Designation: Sr. Stenographer Reason: Authentication Location: Orissa High Court,Cuttack Date: 25-Sep-2023 13:11:55