High CourtsSingle Bench(2023) 05 OHC CK 0265

M/s Oriental Insurance Co.Ltd vs Fakir Behera & Anr

Orissa High Court · Decided on 18 May 2023

HON’BLE JUDGES
B.P. Routray, J
RESULT
Disposed Of
CASE NUMBER
FAO No. 139 Of 2023

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Judgment

9 paragraphs · 244 words

B. P. Routray

1.The matter is taken up through Hybrid mode.

2.

Heard Mr. Khan, learned counsel for the Insurer-Appellant and Mr. D. Patnaik, learned counsel for claimant-Respondent No.1.

3.

Present appeal by the Insurer is directed against impugned judgment/award dated 15th December, 2022 passed by the Commissioner for Employee’s Compensation-Cum-Divisional Labour Commissioner, Jagatsinghpur in E.C. Case No.05 of 2020, wherein compensation to the tune of Rs.6,01,042/- has been granted on account of injuries sustained by the claimant in course of his employment as a driver of the Truck bearing registration No.OD-05-AM-1945.

4.

Having heard both parties and considering all such grounds of challenge advanced, a reduced compensation of Rs.5,50,000/- consolidated is proposed to the parties in course of hearing. The same is agreed by Mr. D. Patnaik, learned counsel for the claimant-Respondent No.1. Mr. khan, learned counsel for the Insurer leaves it to the discretion of the Court. Accordingly, the amount is reduced to said extent.

5.

Since the entire award amount has been deposited before the Commissioner for Employee’s Compensation-Cum-Divisional Labour Commissioner, Jagatsinghpur, the Commissioner is directed to disburse the modified consolidated amount of Rs. 5,50,000/- (Five lakhs fifty thousand) with proportionate accrued interest thereof in favour of the claimant within a period of two months from today. The balance amount with proportionate accrued interest thereof shall be refunded to the Insurer-Appellant.

6.

The appeal is accordingly disposed of.

7.

Urgent certified copy of this order be granted on proper application.

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