The Divisional Manager, Oriental Insurance Co. Ltd. v. Nitish Kumar Parida

IN THE HIGH COURT OF ORISSA AT CUTTACK

FAO No.39 of 2022 The Divisional Manager, M/s. Oriental Insurance Company Ltd.

....

Appellant Mr. Adam Ali Khan, Advocate -versusNitish Kumar Parida and Another ....

Respondents Mr. B.N. Rath, counsel for Respondent No.1

CORAM:

SHRI JUSTICE B. P. ROUTRAY

ORDER

19.9.2022 Order No.

03.

1.

The matter is taken up through hybrid mode.

2.

Heard Mr. A.A. Khan, learned counsel for the Appellant and Mr. B.N. Rath, learned counsel for claimant - Respondent No.1. 3.

Present appeal by the insurer is directed against the award dated 8th October, 2021 passed by the learned Commissioner for Employee's Compensation-cum-Joint Labour Commissioner, Cuttack in E.C. Case No.548-D of 2016 wherein compensation to the tune of Rs.12,94,113/- including interest has been awarded on account of injuries sustained by the claimant - Respondent No.1 arising out of and in course of his employment as driver in the Bolero Pick-Up Van bearing registration number OD 05 J 1016.

4.

Upon hearing both parties and considering the grounds of challenge, a reduced compensation of Rs.7,00,000/- consolidated is

proposed to the parties. This is agreed by Mr. Rath, learned counsel for the claimant - Respondent No.1 and Mr. Khan, learned counsel for the insurer 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.7,00,000/- (seven lakhs) 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. ( B.P. Routray) Judge M.K.Panda