High CourtsSingle Bench

M/s.New India Assurance Co. Ltd Vs Dinabandhu Das And Another

Orissa High Court · Decided on 16 February 2024 · Citation: (2024) 02 OHC CK 0156

HON’BLE JUDGES
B. P. Routray, J
RESULT
Disposed Of
CASE NUMBER
FAO No.7 Of 2024

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Judgment

12 paragraphs · 258 words

B. P. Routray, J

I.A.No.12 of 2024

1.The matter is taken up through Hybrid mode.

2.

Since the amount has been deposited and receipt is filed, the I.A. is disposed of.

FAO No.7 of 2024

3.

Heard Mr.Das, learned counsel for the Insurer-Appellant and Mr.Mishra, learned Advocate for claimant-Respondent No.1.

4.

Present appeal by the Insurer is directed against the impugned judgment/award dated 11th December 2023 passed by the Commissioner for Employee’s Compensation-Cum-Divisional Labour Commissioner, Jagatsinghpur, in E.C. Case No.21 of 2021, wherein compensation to the tune of Rs.20,25,260/- has been granted on account of injuries sustained by the claimant in course of his employment as a driver of a Truck bearing registration no.OR-05U-2993.

5.

Having heard both parties and considering all such grounds of challenge advanced, a reduced compensation of Rs.17,00,000/- consolidated is proposed to the parties in course of hearing. The same is agreed by Mr.Mishra, learned counsel for claimant-Respondent No.1. Mr.Das, learned counsel for the Insurer leaves it to the discretion of the Court. Accordingly, the amount is reduced to said extent.

6.

Since 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.17,00,000/- (Seventeen lakhs) 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.

7.

The appeal is accordingly disposed of.

8.

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

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