M/S. Shriram General vs Binay Tripathy And Another
2025 Latest Caselaw 4078 Ori

Orissa High Court

M/S. Shriram General vs Binay Tripathy And Another on 17 February, 2025

                   IN THE HIGH COURT OF ORISSA AT CUTTACK

                                         FAO No.401 of 2024
                 M/s. Shriram General              ....             Appellant(s)
                 Insurance Co. Ltd.,
                 Bhubaneswar
                                                         Mr. A. Dash, Advocate

                                             -versus-

             Binay Tripathy and another            ....            Respondent(s)
                                            Mr. P. K. Mishra, Advocate for R.1

                     CORAM: JUSTICE SIBO SANKAR MISHRA

                                        ORDER

17.02.2025 I.A. No.716 of 2024 Order No.

01. 1. Heard.

2. This I.A. has been filed for condonation of delay of 48 days in filing the appeal.

3. For the reason stated in the application, the delay of 48 days in filing the appeal stands condoned.

4. Accordingly, the I.A. is disposed of.

(S.S. Mishra) Judge

Order No.

02. 1. Present appeal by the insurer is directed against the judgment and award dated 27.03.2024 passed in E.C. Case No.269 of 2021 by the Commissioner for Employee's Compensationcum- Joint Labour Commissioner, Cuttack wherein compensation to the

tune of Rs.14,18,178/-/- 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 helper in a Truck bearing Registration No.OR-19-G-7894 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.12,00,000/- (Rupees twelve lakhs) 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. Dash, learned counsel for the 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.12,00,000/- 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) Signed by: SWARNAPRAVA DASH Judge Designation: Senior Stenographer Reason: Authentication Swarna Location: High Court of Orissa Date: 18-Feb-2025 10:47:06