The Manager vs Jagabandhu Das And Another
2025 Latest Caselaw 3665 Ori

Orissa High Court

The Manager vs Jagabandhu Das And Another on 5 February, 2025

                   IN THE HIGH COURT OF ORISSA AT CUTTACK

                                      FAO No.537 of 2024
                 The Manager, Claims,            ....                Appellant(s)
                 Reliance General Insurance
                 Co. Ltd., Bhubaneswar
                                                      Mr. G.P. Dutta, Advocate

                                           -versus-

             Jagabandhu Das and another          ....              Respondent(s)
                                Mr. K. K. Das, Advocate for Respondent No.1



                     CORAM: JUSTICE SIBO SANKAR MISHRA

                                         ORDER

05.02.2025 I.A. No.926 of 2024 Order No.

01. 1. Since the receipt showing deposit of the award amount before the learned Commissioner has been filed, the I.A. is disposed of.

(S.S. Mishra) Judge

Order No.

02. 1. Heard Mr. G. P. Dutta, learned counsel for the appellant-

Insurance Company and Mr. K. K. Das, learned counsel for the respondent No.1-claimant.

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

3. The I.A. is disposed of.

(S.S. Mishra) Judge

Order No.

03. 1. Present appeal by the insurer is directed against the judgment and award dated 26.07.2024 passed in E.C. Case No.03 of 2024 by the Commissioner for Employee's Compensation-cum- Joint Labour Commissioner, Head Quarters, Bhubaneswar wherein compensation to the tune of Rs.14,69,097/- including interest has been granted to the claimant-Respondent No.1 on account of injury sustained by him in course of and arising out of the employment as a helper in a Tipper bearing Registration No.OR-09-K-5785 belonging to Respondent No.2.

2. Upon hearing both the parties and considering all such grounds of challenge advanced and admission of owner as well as co-employee, a reduced compensation of Rs.11,40,000/- (Rupees eleven lakhs forty thousand) consolidated is proposed to the parties in course of hearing. Mr. K.K. Das, learned counsel for the claimant-respondent No.1 agrees to the same and Mr. G.P. Dutta, learned counsel for appellant-Insurance Company leaves it to the discretion of the Court. The compensation amount is accordingly fixed to that extent.

3. Since the entire award amount has been deposited before the learned Commissioner, out of the said amount, a consolidated sum of Rs.11,40,000/- 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.

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

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

(S.S. Mishra) Judge Ashok

Signed by: ASHOK KUMAR JAGADEB

Location: High Court of Orissa Date: 06-Feb-2025 10:29:10