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Orissa High CourtFAO/117/2022disposed off

The Legal Manager, Claims, M/S. Cholamandalam Ms G.I.Co. Ltd. v. Bijaya Kumar Pradhan

2022-12-06Mr. Justice B. P. Routray2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

FAO No.117 of 2022 The Legal Manager Claims, M/s.Cholamandalam MS General Insurance Co. Ltd.

....

Appellant Mr.G.P.Dutta, Advocate -versusBijay Kumar Pradhan and another .... Respondents Mr.K.Panigrahi, Advocate for Respondent No.1

CORAM:

JUSTICE B. P. ROUTRAY

ORDER

06.12.2022 Order No.

I.A.No.647 of 2022 2.

1.

The matter is taken up through Hybrid mode.

2.

Heard Mr.Dutta, learned counsel for the InsurerAppellant and Mr.Panigrahi, learned Advocate for claimantRespondent No.1. 3.

Since no delay is there as per S.R., the I.A. is disposed of.

FAO No.117 of 2022 4.

Present appeal by the Insurer is directed against impugned judgment/award dated 24th November, 2021 passed by the Commissioner for Employee's Compensation-Cum-Joint Labour Commissioner, Cuttack, in E.C.Case No.481-D/2015, wherein compensation to the tune of Rs.14,73,578/- 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-05-AH-1705.

5.

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 claimant-Respondent No.1. Mr.Dutta, learned counsel for the Insurer leaves it to the discretion of the Court. Accordingly, the amount is reduced to said extent.

6.

Since the entire award amount has been deposited before the Commissioner for Employee's Compensation-CumJoint 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. 7.

The appeal is accordingly disposed of.

8.

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

( B.P. Routray) Judge CRBiswal