High CourtsSingle Bench(2021) 08 OHC CK 0146

Manager (T.P. Cell), M/s. New India Assurance Co. Ltd., Badambadi, Cuttack, represented through its Manager, Sri Mahendra Kumar Das vs Soumya Ranjan Nayak & Another

Orissa High Court · Decided on 26 August 2021

HON’BLE JUDGES
Biswanath Rath, J
RESULT
Disposed Of
CASE NUMBER
FAO No.134 Of 2021

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Judgment

17 paragraphs · 265 words

Biswanath Rath, J

1.

Proof showing deposit of the amount before the authority concerned filed in Court be kept on record.

2.

Heard Mr. G.C. Samantaray, learned counsel for the appellant and Mr. B.K.Mohanty, learned counsel appearing for the respondent no.1.

3.

Considering the claim aspect involved only, on consent of both the parties, this matter is taken up for final disposal.

4.

This matter involves a challenge to the award being passed by the Commissioner for Employee’s Compensation-cum-Joint Labour

Commissioner, Cuttack in E.C. Case No.246-D/2017.

5.

The impugned award is challenged on the grounds mentioned therein with regard to quantum.

6.

During course of submission, while not inclining to entertain the grounds on which the impugned award is challenged, this Court however finds,

there is exorbitant grant of compensation.

7.

Considering the rival contentions of the parties with regard to the compensation aspect, this Court observes, grant of a sum of Rs.6,20,000/-

(Rupees six lakhs twenty thousand) only as consolidated will meet the ends of justice. In such view of the matter, while interfering with the impugned

order only in the compensation aspect, this Court reduces the same to a consolidated sum of Rs.6,20,000/- (Rupees six lakhs twenty thousand) only

from Rs.9,10,610/- (Rupees Nine lakhs ten thousand six hundred ten) only. Since the amount is already deposited before the Commissioner for

Employee’s Compensation, Cuttack, the modified awarded amount be released in favour of the claimant no.1 with proportionate accrued interest

and the balance amount be released in favour of the appellant.

8.

With the above observation and direction, the FAO stands disposed of.

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