Manager (Legal), M/S. Chola Ms. General Insurance Co. Ltd. v. Rajkishore Samal

IN THE HIGH COURT OF ORISSA AT CUTTACK

FAO No.217 of 2022 The Manager (Legal), M/s.Chola MS General Insurance Co.Ltd.

....

Appellant Mr.G.P.Dutta, Advocate -versusRajkishore Samal and another .... Respondents Mr.S.R.Pradhan, Advocate for Respondent No.1

CORAM:

JUSTICE B. P. ROUTRAY

ORDER

20.09.2022 Order No.

3.

1. The matter is taken up through Hybrid mode.

2. Heard Mr.Dutta, learned counsel for the Insurer-Appellant and Mr.Pradhan, learned Advocate for claimant-Respondent No.1.

3. Present appeal by the Insurer is directed against impugned judgment/award dated 16th March, 2022 passed by the Commissioner for Employee's Compensation-Cum-Joint Labour Commissioner, Cuttack in E.C.Case No.152-D/2019, wherein compensation to the tune of Rs.9,22,292/- has been granted on account of injury sustained by the claimant in course of his employment as a helper of a Tata Ace bearing registration no.OD-05-AP-4970.

4. Having heard both parties and considering the grounds of challenge advanced, a reduced compensation of Rs.6,50,000/-

consolidated is proposed to the parties in course of hearing. The same is agreed by Mr.Pradhan, learned counsel for the claimantRespondent 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.

5. Since the entire award amount has been deposited before the Commissioner for Employee's Compensation-Cum-Joint Labour Commissioner, Cuttack, the Commissioner is directed to disburse the modified consolidated amount of Rs.6,50,000/-(Six lakhs fifty thousand) 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