The Manager Legal vs Sunil Sendha & Anr
2024 Latest Caselaw 465 Ori

Orissa High Court

The Manager Legal vs Sunil Sendha & Anr on 9 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: 11-Jan-2024 15:13:48




                                     IN THE HIGH COURT OF ORISSA AT CUTTACK

                                                        FAO No.530 of 2023

                                 The Manager Legal, M/s. Shriram           ....          Appellant
                                 General Insurance Co.Ltd., BBSR
                                                                        Mr.A.A.Khan, Advocate

                                                             -versus-

                                 Sunil Sendha & Anr.                       ....      Respondent
                                                                        Mr.S.Das, Advocate

                                            CORAM:
                                            JUSTICE B. P. ROUTRAY

                                                           ORDER

09.01.2024 Order No.

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

2. Heard Mr.Khan, 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 23rd August, 2023 passed by the Commissioner for Employee's Compensation-Cum-Divisional Labour Commissioner, Cuttack in E.C. Case No.107-D of 2019, wherein compensation to the tune of Rs.20,36,699/- has been granted on account of injuries sustained by the claimant in course of his employment as a driver of the Tipper bearing registration No.OR-09-F-8397.

4. Having heard both parties and considering all such grounds including renewal of driving license after the accident, a reduced compensation of Rs.5,00,000/- consolidated is proposed to the parties in course of hearing. The same is agreed by Mr.Das,

Location: High Court of Orissa, Cuttack

learned counsel for the claimant. Mr.Khan, learned counsel for the Insurer leaves it to the 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. 5,00,000/-(Five lakhs) 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