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Orissa High CourtFAO/292/2022disposed off

D.M, M/S. Oriental Insurance Company Ltd. v. Prakash Pradhan@Prakash Kumar Pradhan

2022-09-12Mr. Justice B. P. Routray2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

FAO No.292 of 2022 Divisional Manager, M/s.Oriental Insurance Company Ltd.

....

Appellant Mr.P.K.Mahali, Advocate -versusPrakash Pradhan @ Prakash Kumar Pradhan and another .... Respondents Mr.Mishra, Advocate for Respondent No.1

CORAM:

JUSTICE B. P. ROUTRAY

ORDER

12.09.2022 Order No.

7.

1. The matter is taken up through Hybrid mode.

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

3. Present appeal by the Insurer is directed against impugned judgment/award dated 4th April, passed by the Commissioner for Employee's Compensation-Cum-Divisional Labour Commissioner, Cuttack in E.C.Case No.16-D/2019, wherein compensation to the tune of Rs.15,26,846/- has been granted along with interest on account of injuries sustained by the claimant in course of his employment as a helper of a Mini Truck bearing Registration No.OR-05-L-6579.

4. Having heard both parties and considering all such grounds of challenge advanced, a reduced compensation of Rs.13,50,000/- 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.Mahali, 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-Divisional Labour Commissioner, Cuttack, the Commissioner is directed to disburse the modified consolidated amount of Rs.13,50,000/- (Thirteen 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 C.R.Biswal