Divisional Manager,M/S.National Insurance Co.Ltd. v. Narendra Ku.Dalai

IN THE HIGH COURT OF ORISSA AT CUTTACK

FAO No.538 of 2016 Divisional Manager, M/s.National Insurance Co.Ltd.

....

Appellant Ms.S.Das, Advocate -versusNarendra Kumar Dalai and another .... Respondents Mr.K.Panigrahi, Advocate for Respondent No.1

CORAM:

JUSTICE B. P. ROUTRAY

ORDER

07.09.2022 Order No.

13.

1. The matter is taken up through Hybrid mode.

2. Heard Ms.Das on behalf of Mr.P.K.Mohanty, learned counsel for the Insurer-Appellant and Mr.Panigrahi, learned Advocate for claimant-Respondent No.1.

3. Present appeal by the Insurer is directed against impugned judgment/award dated 20th May, 2016 passed by the Commissioner for Employee's Compensation-Cum-Assistant Labour Commissioner, Cuttack in E.C.Case No.459-D/2013, wherein compensation to the tune of Rs.8,08,727/- has been granted on account of injuries sustained by the claimant in course of his employment as a helper of a truck bearing registration no.OR-09-G-2348.

4. Having heard both parties and considering the grounds of challenge advanced, a reduced compensation of Rs.8,00,000/- consolidated is proposed to the parties in course of hearing. The

same is agreed by Mr.Panigrahi, learned counsel for the claimantRespondent No.1. Ms.Das, 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-Assistant Labour Commissioner, Cuttack, the Commissioner is directed to disburse the modified consolidated amount of Rs.8,00,000/-(eight 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.

6. The appeal is accordingly disposed of.

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

( B.P. Routray) Judge CRBiswal