M/S. Shriram General vs Umesh Behera & Another
2025 Latest Caselaw 4259 Ori

Orissa High Court

M/S. Shriram General vs Umesh Behera & Another on 20 February, 2025

                   IN THE HIGH COURT OF ORISSA AT CUTTACK

                                        FAO No. 379 of 2024
                 M/s. Shriram General            ....               Appellant(s)
                 Insurance Co. Ltd.,
                 Bhubaneswar
                                           Mr. Sampark Sampad, Advocate for
                                                Mr. Anupam Dash, Advocate

                                           -versus-

             Umesh Behera & another              ....             Respondent(s)
                                                      Mr. D. Patnaik, Advocate
                                                             Respondent Nos.1

                     CORAM: JUSTICE SIBO SANKAR MISHRA

                                          ORDER

20.02.2025 I.A. No.688 of 2024 Order No.

03. 1. Heard Mr. Sampark Sampad, learned counsel appearing for the appellant-Insurance Company and Mr. D. Patnaik, 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 of 74 days in filing the appeal is condoned.

3. 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 20.03.2024 passed in E.C. Case No.610-D of 2014 by the Commissioner for Employee's Compensation-cum-Joint Labour

Commissioner, Cuttack, wherein compensation to the tune of Rs.10,07,810/- including interest has been granted to the claimant- Respondent Nos.1 on account of the injury sustained in course of and arising out of his employment as a labourer in Truck bearing Registration No.OR-09-E-9063 belonging to Respondent No.2.

2. Upon hearing both the parties and considering all such grounds of challenge advanced and admission of owner, a reduced compensation of Rs.8,00,000/- (Rupees eight lakhs) 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. Sampad, 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.8,00,000/- (Rupees eight lakhs) along with proportionate accrued interest be disbursed in favour of the claimant-Respondents 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: SUBHASIS MOHANTY                                                       Judge
Designation: Personal Assistant
Reason:Subhasis
          Authentication

Location: High Court of Orissa, Cuttack. Date: 20-Feb-2025 19:27:08