The Divisional Manager vs Biren Kumar Mitra & Anr
2025 Latest Caselaw 4754 Ori

Orissa High Court

The Divisional Manager vs Biren Kumar Mitra & Anr on 7 March, 2025

                   IN THE HIGH COURT OF ORISSA AT CUTTACK

                                      FAO No.95 of 2025
                 The Divisional Manager         ....               Appellant(s)
                 Odisha Legal Hub, M/s.
                 National Insurance Company
                 Limited, Cuttack
                                               Mr. Mahitosh Sinha, Advocate
                                          -versus-

             Biren Kumar Mitra & Anr.           ....              Respondent(s)
                                     Mr. Debasish Patnaik, Advocate for R.1



                     CORAM: JUSTICE SIBO SANKAR MISHRA

                                        ORDER

Order No.                              07.03.2025
 01.        1.        Heard.

2. Present appeal by the insurer is directed against impugned

judgment dated 9th December, 2024 of learned Commissioner for

Employee's Compensation-cum-Joint Labour Commissioner,

Cuttack passed in E.C. Case No.222-D of 2016, wherein

compensation to the tune of Rs.10,86,843/- (including interest) has

been granted on account of injuries sustained by the injured-

claimant arising out of and in course of his employment as driver in

the Bus bearing Registration Number OR-05-B-8459.

3. Upon hearing both parties and considering all such

grounds of challenge advanced, including renewal of DL after the

accident, a reduced consolidated sum of Rs.5,00,000/- is proposed

to the parties. This is agreed by Mr. Patnaik, learned counsel for the

claimant - Respondent and Mr. Sinha, learned counsel for the

insurer leaves it to the discretion of the court. Accordingly the

compensation amount is fixed to said extent.

4. Since the entire compensation amount has already been

deposited before learned Commissioner, out of the same a

consolidated sum of Rs.5,00,000/- (five lakhs) along with accrued

interest thereof be disbursed in favour of the injured - claimant

within a period of two months from today. The rest amount along

with proportionate accrued interest be refunded to the insurer-

Appellant.

5. The direction for payment of penalty and penal interest is

waived.

6. An urgent certified copy of this order be issued as per

rules.

(S.S. Mishra) Judge

Swarna

Designation: Senior Stenographer

Location: High Court of Orissa Date: 10-Mar-2025 12:29:35