The Manager vs Keshab Kandi And Another
2024 Latest Caselaw 548 Ori

Orissa High Court

The Manager vs Keshab Kandi And Another on 10 January, 2024

Author: B. P. Routray

Bench: B. P. Routray

Signature Not Verified
Digitally Signed                       IN THE HIGH COURT OF ORISSA AT CUTTACK
Signed by: CHITTA RANJAN BISWAL
Reason: Authentication
Location: Orissa High Court, Cuttack               FAO No.516 of 2023
Date: 12-Jan-2024 16:52:08

                             The Manager, Legal Cholamandalam
                             MS General Insurance Co. Ltd.               ....       Appellant
                                                                          Mr.S.Roy, Advocate

                                                          -versus-

                             Keshab Kandi and another             ....      Respondents
                                             Mr.K.K.Das, Advocate for Respondent No.1

                                         CORAM:
                                         JUSTICE B. P. ROUTRAY

                                                       ORDER

10.1.2024 Order No. I.A.No.19 of 2024

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

2. Heard Mr.Roy, learned counsel for the Insurer-Appellant and Mr.Das learned Advocate for claimant-Respondent No.1.

3. Upon hearing both parties and considering the grounds mentioned in the petition, delay in filing the appeal is condoned.

4. The I.A. is disposed of.

5. Present appeal by the Insurer is directed against impugned judgment/award dated 5th September 2023 passed by the Commissioner for Employee's Compensation-Cum-Divisional Labour Commissioner, Odisha, Bhubaneswar, in E.C.Case No.85 of 2015, wherein compensation to the tune of Rs.18,68,952/- has been granted on account of injuries sustained by the claimant in course of his employment as a labourer of a Truck bearing registration no.OR-09M-0789.

Digitally Signed 6. Having heard both parties and considering all such grounds of Signed by: CHITTA RANJAN BISWAL Reason: Authentication challenge advanced, a reduced compensation of Rs.10,60,000/- Location: Orissa High Court, Cuttack Date: 12-Jan-2024 16:52:08 consolidated is proposed to the parties in course of hearing. The same is agreed by Mr.Das, learned counsel for the claimant- Respondent No.1. Mr.Roy, learned counsel for the Insurer leaves it to the discretion of the Court. Accordingly, the amount is reduced to said extent.

7. Since the entire award amount has been deposited before the Commissioner for Employee's Compensation-Cum-Divisional Labour Commissioner, Odisha, Bhubaneswar, the Commissioner is directed to disburse the modified consolidated amount of Rs.10,60,000/- (Ten lakhs sixty 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 thereof shall be refunded to the Insurer-Appellant. The penalty and penal interest as directed by learned Commissioner is waved.

8. The appeal is accordingly disposed of.

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

( B.P. Routray) Judge

C.R.Biswal.