Divisional Manager vs Gyanaranjan Swain & Anr
2024 Latest Caselaw 114 Ori

Orissa High Court

Divisional Manager vs Gyanaranjan Swain & Anr on 3 January, 2024

Author: B. P. Routray

Bench: B. P. Routray

Signature Not Verified
Digitally Signed
Signed by: SANGRAM DAS
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 08-Jan-2024 14:39:59




                                    IN THE HIGH COURT OF ORISSA AT CUTTACK

                                                       FAO No.450 of 2023

                                Divisional Manager, M/S. Oriental         ....          Appellant
                                Insurance Co.Ltd.
                                                                       Mrs.R.Barik, Advocate
                                                            -versus-

                                Gyanaranjan Swain & Anr.                  ....      Respondent
                                                                       Mr.K.K.Das, Advocate

                                            CORAM:
                                            JUSTICE B. P. ROUTRAY
                                                          ORDER

03.01.2024 Order No.

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

2. Heard Mrs.Pati, learned counsel for the Appellant and Mr.Das, learned counsel for the Respondents.

3. 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, Cuttack in E.C. Case No.566-D of 2014, wherein compensation to the tune of Rs.10,43,702/- has been granted on account of injuries sustained by the claimant in course of his employment as a helper of the Tipper bearing registration No.OR-14-N-9175.

4. Having heard both parties and considering all such grounds of challenge advanced, a reduced compensation of Rs.7,50,000/- consolidated is proposed to the parties in course of hearing. The same is agreed by Mr.Das, learned counsel for the claimant. Mrs.Pati, learned counsel for the Insurer leaves it to the

Location: High Court of Orissa, Cuttack

discretion of the Court. Accordingly, the amount is reduced to said extent.

5. Since the entire award amount has been deposited before the Commissioner for Employee's Compensation-Cum- Divisional Labour Commissioner, Cuttack, the Commissioner is directed to disburse the reduced consolidated amount of Rs. 7,50,000/-(Seven lakhs fifty 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 thereon shall be refunded to the Insurer- Appellant. However, penalty & penal interest @ 12% per annum, as directed by the Tribunal, is waived.

6. The appeal is accordingly disposed of.

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

( B.P. Routray) Judge S.Das