Divisional Manager vs Ratnakar Mohanty & Anr
2025 Latest Caselaw 3773 Ori

Orissa High Court

Divisional Manager vs Ratnakar Mohanty & Anr on 7 February, 2025

                   IN THE HIGH COURT OF ORISSA AT CUTTACK

                                    FAO No. 245 of 2024
                 Divisional Manager, M/s.       ....                Appellant(s)
                 Oriental Insurance Company
                 Ltd., Bhubaneswar
                                                     Mr. A.A. Khan, Advocate

                                          -versus-

             Ratnakar Mohanty & Anr.            ....              Respondent(s)
                                                     Mr. P.K. Mishra, Advocate
                                                           for Respondent No.1

                     CORAM: JUSTICE SIBO SANKAR MISHRA

                                        ORDER

07.02.2025 Order No.

02. 1. Present appeal by the insurer is directed against the judgment and award dated 20.12.2023 passed in E.C. Case No.342- D of 2015 by the Commissioner for Employee's Compensation- cum-Joint Labour Commissioner, Cuttack wherein compensation to the tune of Rs.12,38,970/- including interest has been granted to the claimant-Respondent No.1 on account of injury sustained by him in course of his employment as a labourer in a Truck bearing Registration No.OR-04-D-7134 belonging to Respondent No.2.

2. Upon hearing both the parties and considering all such grounds of challenge and admission of owner, a reduced compensation of Rs.7,90,000/- (Rupees seven lakhs ninety thousand) consolidated is proposed to the parties in course of hearing. Mr. P.K. Mishra, learned counsel for the claimant- respondent No.1 agrees to the same and Mr. A.A. Khan, learned

counsel for appellant-Insurance Company leaves it to the discretion of the Court. The compensation amount is accordingly modified 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.7,90,000/- 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 Swarna

Signed by: ASHOK KUMAR JAGADEB

Location: High Court of Orissa Date: 07-Feb-2025 16:06:34