Orissa High Court

The Manager (Legal) vs Chaitanya Kisku And Another on 3 May, 2024

Author: B. P. Routray

Bench: B. P. Routray

                                  IN THE HIGH COURT OF ORISSA AT CUTTACK
                                                  FAO No.108 of 2024

                         The manager (Legal), Chola MS
                         General Insurance Company Limited             ....         Appellant
                                                                      Mr.G.P.Dutta, Advocate

                                                         -versus-

                         Chaitanya Kisku and another            ....      Respondents
                                         Mr.D.Pattnaik, Advocate for Respondent No.1



                                      CORAM:
                                      JUSTICE B. P. ROUTRAY

                                                      ORDER

3.5.2024 Order No.

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

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

3. Present appeal by the Insurer is directed against the impugned judgment/award dated 7th December 2023 passed by the Commissioner for Employee's Compensation-Cum-Joint Labour Commissioner, Cuttack, in E.C. Case No.05/2022/CUTT, wherein compensation to the tune of Rs.14,51,763/- has been granted on account of injuries sustained by the claimant in course of his employment as a driver of a Truck bearing registration no.OD-05-AN-8387.

Digitally Signed grounds of challenge advanced, a reduced compensation of Signed by: CHITTA RANJAN BISWAL Reason: Authentication Rs.10,00,000/- consolidated is proposed to the parties in course of Location: Orissa High Court, Cuttack Date: 03-May-2024 18:14:18

hearing. The same is agreed by Mr.Pattnaik, learned counsel for claimant-Respondent No.1. Mr.Dutta, learned counsel for the Insurer leaves it to the discretion of the Court. Accordingly, the amount is reduced to said extent.

5. Since entire award amount has been deposited before the Commissioner for Employee's Compensation-Cum-Joint Labour Commissioner, Cuttack, the Commissioner is directed to disburse the modified consolidated amount of Rs.10,00,000/- (Ten 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 thereof shall be refunded to the Insurer-Appellant. The penalty and penal interest as directed by learned Commissioner is waved.

6. The appeal is accordingly disposed of.

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

( B.P. Routray) Judge

C.R.Biswal.

Signed by: CHITTA RANJAN BISWAL

Location: Orissa High Court, Cuttack Date: 03-May-2024 18:14:18