The Divisional Manager, M/S.Oriental Insurance Company Ltd v. Prasanta Kumar Swain

IN THE HIGH COURT OF ORISSA AT CUTTACK

FAO No.686 of 2020 The Divisional Manager, M/s.Oriental Insurance Company Ltd.

....

Appellant Mr.P.K.Mohanty, Advocate -versusPrasanta Kumar Swain and another .... Respondents Mr.K.K.Das on behalf of B.K.Moahnty, Advocate for Respondent No.1

CORAM:

JUSTICE B. P. ROUTRAY

ORDER

19.5.2022 Order No.

4.

1.

Heard Mr.Mohanty, learned counsel for the Appellant and Mr.Das, learned Advocate for Respondent No.1. 2.

Present appeal by the Insurer is directed against impugned judgment/award dated 14th May, 2020 passed by the Commissioner for Employee's Compensation-Cum-Divisional Labour Commissioner, Jagatsinghpur in E.C.Case No.36/2018, wherein compensation to the tune of Rs.6,21,072/- has been granted on account of injuries sustained by the claimant in course of his employment as a Driver in the truck bearing Registration No.OD-05-F-2845.

3.

Having heard both parties and considering the grounds of challenge advanced, a reduced compensation of Rs.3,60,000/- consolidated is proposed to the parties in course of hearing. The same is agreed by Mr.Das, learned counsel for the claimant-

Respondent No.1. Mr.Mohanty, learned counsel for the InsurerAppellant 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-CumJoint Labour Commissioner, Cuttack, the Commissioner is directed to disburse the modified consolidated amount of Rs.3,60,000/- (three lakhs sixty thousand) with proportionate interest accrued 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 C.R.Biswal