Divisional Manager, Oriental Insurance Co.Ltd. v. Abhimanyu Parida

IN THE HIGH COURT OF ORISSA AT CUTTACK

FAO No.235 of 2021 Divisional Manager, Oriental Insurance Co. Ltd.

....

Appellant Mr.P.K.Mahali, Advocate -versusAbhimanyu Parida and another .... Respondents Mr.B.N.Samantray, Advocate for Respondent No.1

CORAM:

JUSTICE B. P. ROUTRAY

ORDER

28.2.2022 Order No.

4.

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

2. The present appeal by the Insurer is directed against impugned judgment/award dated 29th July, 2021 passed by the Commissioner for Employee's Compensation-cum-Joint Labour Commissioner, Cuttack in E.C.Case No.200-D of 2010, wherein compensation to the tune of Rs.14,84,189/- has been granted on account of injury sustained by him in course of employment, who was working as driver of the truck bearing registration No.OR02-M-4247.

3. In course of hearing, a reduced compensation of Rs.8,50,000/-(eight lakhs fifty thousand) consolidated is proposed to the parties. The same is agreed by Mr.Mahali, learned counsel for the claimant-Respondent. 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.8,50,000/-(eight 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.

5. The appeal is accordingly disposed of.

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

( B.P. Routray) Judge CRBiswal