Divisional Manager vs Kalandi Swain @ Kalia Swain
2025 Latest Caselaw 4670 Ori

Orissa High Court

Divisional Manager vs Kalandi Swain @ Kalia Swain on 5 March, 2025

                   IN THE HIGH COURT OF ORISSA AT CUTTACK

                                        FAO No.175 of 2024
                 Divisional Manager, New           ....              Appellant(s)
                 India Assurance Co. Ltd.,
                 Cuttack
                                                      Mr. P.K. Mahali, Advocate

                                             -versus-

             Kalandi Swain @ Kalia Swain    ....            Respondent(s)
              & another
                                Mr. Kalpataru Panigrahi, Advocate for the
                                                        Respondent No.1

                      CORAM: JUSTICE SIBO SANKAR MISHRA

                                          ORDER

05.03.2025 Order No.

02. 1. Present appeal by the insurer is directed against the judgment and award dated 26.02.2024 passed in E.C. Case No.212-D of 2001 by the Commissioner for Employee's Compensation-cum-Joint Labour Commissioner, Cuttack, wherein compensation to the tune of Rs.7,12,262/- including interest has been granted to the claimant- Respondent No.1 on account of injury sustained in course of and arising out of his employment as a coolie in Tractor and Trolley bearing Registration Nos.OR-05-D-2724 & OR-05-D-2725 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.2,50,000/- (Rupees two lakhs fifty thousand) consolidated is proposed to the parties in course of hearing. Mr. K. Panigrahi, learned counsel for the claimant-respondent No.1 agrees to

the same and Mr. P.K. Mahali, 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.2,50,000/- (Rupees two 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 of Rs.4,62,262/- (Rupees four lakhs sixty two thousand two hundred sixty two) 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 are 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: 06-Mar-2025 10:04:56