M/S. United India Insurance Co. Ltd. v. Santosh Kumar Nayak

IN THE HIGH COURT OF ORISSA AT CUTTACK

FAO No.154 of 2021 M/s.United India Insurance Co. Ltd.

....

Appellant Mr.S.K.Samantray, Advocate -versusSantosh Kumar Nayak and another .... Respondents Mr.P.K.Mihsra, Advocate for Respondent No.1

CORAM:

JUSTICE B. P. ROUTRAY

ORDER

4.4.2022 Order No.

3.

1. Heard Mr.Samantray, learned counsel for the Appellant and Mr.Mishra, learned Advocate for Respondent No.1.

2. Present appeal by the Insurer is directed against impugned judgment/award dated 5th April, passed by the Commissioner for Employee's Compensation-Cum-Divisional Labour Commissioner, Cuttack in E.C.Case No.48 of 2019, wherein compensation to the tune of Rs.6,01,890/- has been granted on account of injuries sustained by the claimant in course of his employment as helper of Pick-up vehicle bearing Registration no.OD-02V-1397.

3. Having heard both parties and considering the grounds advanced, a reduced compensation of Rs.5,00,000/- (Five lakhs) consolidated is proposed to the parties in course of hearing. The same is agreed by Mr.Mishra, learned counsel for the claimantRespondent No.1. Mr. Samantray, learned counsel for the Insurer

leaves it to the discretion of the Court. Accordingly, the amount is reduced to said extent.

4. 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.5,00,000/-(Five 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.

5. The appeal is accordingly disposed of.

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

( B.P. Routray) Judge CRBiswal