The Divisional Manager, M/S. New India Assurance Co. Ltd. v. Tapan Malik

IN THE HIGH COURT OF ORISSA AT CUTTACK

FAO No.54 of 2022 The Divisional Manager, M/s. New India Assurance Company Ltd.

....

Appellant Mr. G.C. Samantaray, Advocate -versusTapan Malik and Another ....

Respondents Mr. D. Patnaik, counsel for Respondent No.1

CORAM:

SHRI JUSTICE B. P. ROUTRAY

ORDER

31.3.2022 Order No.

02.

1.

Heard Mr. G.C. Samantaray, learned counsel for the insurerAppellant and Mr. D. Patnaik, learned counsel for Respondent No.1. 2.

Present appeal by the insurer is directed against the award dated 3rd December, 2021 of the learned Commissioner for Employee's Compensation-cum-Joint Labour Commissioner, Cuttack in E.C. Case No.383-D of 2017 wherein compensation to the tune of Rs.8,76,932/- including interest has been awarded on account of injuries sustained by the claimant in course of his employment as helper of the truck bearing registration number OR 05 AR 3909.

3.

Having heard both parties and considering the grounds of challenge, a reduced compensation of Rs.5,60,000/- consolidated is proposed to the parties. This is agreed by Mr. Patnaik, learned counsel for the claimant - Respondent No.1 and Mr. Samantaray leaves it to

the discretion of the Court. As such the amount is fixed to the said extent.

4.

Since the entire compensation amount has already been deposited before the learned Commissioner, out of the same a consolidated sum of Rs.5,60,000/- (five lakh Sixty 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.

5.

The appeal is disposed of.

6.

An urgent certified copy of this order be issued as per rules. ( B.P. Routray) Judge M.K.Panda