The Divisional Manager vs Tulu Sahoo And Another
2024 Latest Caselaw 5904 Ori

Orissa High Court

The Divisional Manager vs Tulu Sahoo And Another on 2 April, 2024

Author: B. P. Routray

Bench: B. P. Routray

                                          IN THE HIGH COURT OF ORISSA AT CUTTACK
                                                    FAO No.553 of 2023
                                The Divisional Manager, M/s.Oriental        ....          Appellant
                                Insurance Co. Ltd.
                                                                            Mrs. R. Pati, Advocate
                                                                 -versus-
                                Tulu Sahoo and another                 ....       Respondents
                                                Mr. D. Patnaik, Advocate for Respondent No.1

                                            CORAM:
                                            JUSTICE B. P. ROUTRAY
                                                            ORDER

02.04.2024 Order No. I.A. No.1016 of 2023

04. 1. Since the receipt showing deposit of award amount has been filed, the I.A. is disposed of.

2. Heard Mrs. R. Pati, learned counsel for the Appellant- Insurance company and Mr. D. Patnaik, learned counsel for Respondent No.1-claimant.

3. Present appeal by the insurer is directed against the judgment and award dated 15.09.2023 passed in E.C. Case No.56-D/2016 by the Commissioner for Employee's Compensation-cum-Joint Labour Commissioner, Cuttack, wherein compensation to the tune of Rs.7,94,067/- including interest been granted to the claimant-Respondent No.1 on account of injury sustained by him in course of and arising out of his employment as a Coolie in the

Signed by: BASANTA KUMAR BARIK

Location: High Court of Orissa, Cuttack Date: 03-Apr-2024 13:47:54 Truck bearing Regd. No.OR-09-G-1071 belonging to Respondent No.2.

4. Upon hearing both the parties and considering all such grounds of challenge advanced, a reduced compensation of Rs.5,00,000/- (Rupees Five Lakhs) consolidated is proposed to the parties in course of hearing. Mr. D. Patnaik, learned counsel for the claimant-Respondent No.1 agrees to the same and Mrs. R. Pati, learned counsel for Appellant-Insurance Company leaves it to the discretion of the Court. The compensation amount is accordingly fixed to that extent.

5. Since entire award amount has been deposited before the learned Commissioner, out of the said amount, a sum of Rs.5,00,000/- along with proportionate accrued interest be disbursed in favour of the 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.

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

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

( B.P. Routray) Judge

B.K. Barik

Signed by: BASANTA KUMAR BARIK Reason: Authentication Location: High Court of Orissa, Cuttack Date: 03-Apr-2024 13:47:54