M/S. Shriram General vs Ashok Parida & Another
2025 Latest Caselaw 4268 Ori

Orissa High Court

M/S. Shriram General vs Ashok Parida & Another on 20 February, 2025

                   IN THE HIGH COURT OF ORISSA AT CUTTACK

                                    FAO No. 430 of 2024
                 M/s. Shriram General            ....               Appellant(s)
                 Insurance Co. Ltd.,
                 Bhubaneswar
                                                Mr. Anupam Dash, Advocate

                                           -versus-

             Ashok Parida & another              ....             Respondent(s)
                                                      Mr. D. Patnaik, Advocate
                                                        Respondent Nos.1 to 3

                     CORAM: JUSTICE SIBO SANKAR MISHRA

                                         ORDER

Order No.                               20.02.2025

 02.        1.        Present appeal by the insurer is directed against the judgment

and award dated 29.05.2024 passed in E.C. (NF) Case No.08 of 2019 by the Commissioner for Employee's Compensation-cum-Divisional Labour Commissioner, Kendrapara, Odisha wherein compensation to the tune of Rs.12,29,096/- including interest has been granted to the claimant-Respondent No.1 on account of the injuries sustained in course of and arising out of his employment as a labourer in Mini Truck (407) bearing Registration No.OR-11-A-9584 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.7,50,000/- (Rupees seven 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. Dash, 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.7,50,000/- (Rupees seven 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.

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 Subhasis

Designation: Personal Assistant

Location: High Court of Orissa, Cuttack.

Date: 20-Feb-2025 19:27:09