Legal Manager, T.P.Cell, New India Assurance Co. Ltd. v. Khirod Mallik @ Khirod Chandra Malik

IN THE HIGH COURT OF ORISSA AT CUTTACK

FAO No.202 of 2022 Legal Manager, T.P. Cell, The New India Assurance Company Ltd.

....

Appellant Mr. B. Dasmohapatra, Advocate -versusKhirod Mallik @ Khirod Chandra Malik and Another ....

Respondents Mr. P.K. Mishra, counsel for Respondent No.1

CORAM:

SHRI JUSTICE B. P. ROUTRAY

ORDER

25.7.2022 Order No.

02.

1.

The matter is taken up through hybrid mode.

2.

Heard Mr. B. Dasmohapatra, learned counsel for the insurerAppellant and Mr. P.K. Mishra, learned counsel for claimant - Respondent No.1.

3.

Present appeal by the insurer is directed against the award dated 21st February, 2022 passed by the learned Commissioner for Employee's Compensation-cum-Divisional Labour Commissioner, Cuttack in E.C. Case No.337-D of 2014 wherein compensation to the tune of Rs.18,18,109/- including interest has been awarded on account of injuries sustained by the claimant arising out of and in course of his employment as driver of the Mini Truck bearing registration number OR-29-3647.

4.

Upon hearing both parties and considering the grounds of challenge, a reduced compensation of Rs.13,00,000/- consolidated is proposed to the parties. This is agreed by Mr. Mishra, learned counsel for the claimant - Respondent and Mr. Dasmohapatra 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.13,00,000/- (thirteen lakh) 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