The Divisional Manager vs Kaibalya Ranjan Jena And Anr
2025 Latest Caselaw 3715 Ori

Orissa High Court

The Divisional Manager vs Kaibalya Ranjan Jena And Anr on 6 February, 2025

                   IN THE HIGH COURT OF ORISSA AT CUTTACK

                                      FAO No. 336 of 2024

                 The Divisional Manager, M/s     ....                Appellant(s)
                 United India Insurance Co.
                 Ltd., College Square, Cuttack
                                                      Mr. S. Satpathy, Advocate

                                           -versus-

             Kaibalya Ranjan Jena and Anr        ....              Respondent(s)
                                                      Mr. D. Patnaik, Advocate
                                                           (for Respondents-1)



                      CORAM: JUSTICE SIBO SANKAR MISHRA

Order No.
                                         ORDER

06.02.2025

05. 1. Heard.

2. Present appeal by the insurer is directed against impugned

judgment dated 11.12.2023 passed in E.C. Case No. 274 of 2021 by

the Commissioner for Employee's Compensation-cum-Joint Labour

Commissioner, Cuttack, wherein compensation to the tune of

Rs.17,29,620/- (including interest) has been awarded to claimants-

Respondent No.1 on account of the injuries sustained in course of

his employment as a helper in Truck bearing Registration No. OD-

05-X-5307 belonging to Respondent No.2.

3. Upon hearing both parties and considering all such

grounds of challenge, a reduced compensation of Rs.12,50,000/-

(Rupees Twelve Lakhs fifty thousand) consolidated is proposed to

the parties in course of hearing. Mr.D. Patnaik, learned counsel for

the claimant - Respondent No.1 agrees to the same and Mr. S.

Satpathy, learned counsel for the appellant-Insurance Company

leaves it to the discretion of the Court. The compensation amount is

accordingly modified to said extent.

4. Since the entire award amount has been deposited before

learned Commissioner, out of the said amount, a consolidated sum

of Rs.12,50,000/- (twelve lakhs fifty thousand) 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.

5. With the aforesaid modification of the award, the FAO is

disposed of.

6. 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, Cuttack Date: 06-Feb-2025 19:23:52