High CourtsSingle Bench

Regional Manager, M/s. New India Assurance Company Ltd vs Subash Behera and Another

Orissa High Court · Decided on 11 March 2022 · Citation: (2022) 03 OHC CK 0061

HON’BLE JUDGES
B. P. Routray, J
RESULT
Disposed Of
CASE NUMBER
FAO No.306 Of 2021

AI Structured Summary

Not yet generated for this judgment

Judgment

9 paragraphs · 260 words

B. P. Routray, J

1.

Heard Mr. B.C. Singh, learned counsel for the insurer-Appellant and Mr. P.K. Mishra, learned counsel for the claimant – Respondent No.1.

2.

Present appeal by the insurer is directed against award dated 6th November, 2021 of the learned Commissioner for Employee’s Compensation-cum-Divisional Labour Commissioner, Odisha, Bhubaneswar in E.C. Case No.105 of 2015 wherein compensation to the tune of Rs.6,39,025/- has been awarded on account of injuries sustained by the claimant in course of his employment as labourer in the truck bearing Registration number OR 04 D 8415.

3.

It is submitted on behalf of the Appellant that the monthly wage of the claimant at Rs.6,500/- has been taken on higher side by the learned Commissioner which should not exceed more than Rs.4,500/-.

4.

In course of hearing a reduced compensation of Rs.4,30,000/-consolidated is proposed to the parties. This is agreed by Mr. Mishra, learned counsel for the claimant – Respondent and Mr. Singh leaves it to the discretion of the Court. As such the amount is fixed to the said extent.

5.

Since the entire compensation amount has already been deposited before the learned Commissioner, out of the same a consolidated sum of Rs.4,30,000/- (four lakh thirty thousand) along with accrued interest thereof be disbursed in favour of the claimant –Respondent No.1 within a period of two months from today. The rest amount along with accrued interest thereof be refunded to the insurer – Appellant.

6.

The appeal is disposed of.

7.

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

……………………