Legal Manager,T.P.Cell,New India Assurance Company Ltd.,D.O-1 v. Gagan Kumar Mukhi

IN THE HIGH COURT OF ORISSA AT CUTTACK

FAO No.374 of 2022 Legal Manager, T.P. Cell, The New India Assurance Company Ltd.

....

Appellant Mr. Bijoy Dasmohapatra, Advocate -versusGagan Kumar Mukhi and Another ....

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

CORAM:

SHRI JUSTICE B. P. ROUTRAY

ORDER

22.11.2022 Order No.

02.

1.

The matter is taken through hybrid mode.

2.

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

3.

Present appeal is directed against the impugned award dated 12th May, 2022 passed by the learned Commissioner for Employee's Compensation-cum-Divisional Labour Commissioner, Cuttack in E.C. Case No.22-D of 2019, wherein compensation to the tune of Rs.8,12,295/- including interest has been awarded on account of injuries sustained by the injured - claimant arising out of and in course of his employment as driver in the Travera bearing registration number OD 02P 0057.

4.

Upon hearing both parties and considering all such grounds advanced, a consolidated sum of Rs.6,50,000/- is proposed to the parties. This is agreed by Mr. Mishra, learned counsel for the claimant

- respondent and Mr. Dasmohapatra, learned counsel for the insurer leaves it to the discretion of the court. Accordingly the compensation 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.6,50,000/- (six lakh fifty thousand) 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 proportionate accrued interest 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