Manager Legal,M/S. Cholamandalam Ms General Insurance Company Ltd. v. Abhaya Ch. Pradhan

IN THE HIGH COURT OF ORISSA AT CUTTACK

FAO No.438 of 2022 The Manager Legal, M/s.Cholamandalam MS General Insurance Company Limited ....

Appellant Mr. G.P. Dutta, Advocate -versusAbhaya Ch. Pradhan and another ....

Respondents Mr. K. Das, Advocate for Respondent No.1

CORAM:

JUSTICE B. P. ROUTRAY

ORDER

23.12.2022 Order No.

01.

1. Heard Mr. G.P. Dutta, learned counsel for the AppellantInsurance Company and Mr. K. Das, learned counsel for the Respondent No.1-claimant.

2. Present appeal by the insurer is directed against the judgment and award dated 10.10.2022 passed in E.C. Case No.177/2015 by the Commissioner for Employee's Compensation-cum-Divisional Labour Commissioner, Odisha, Bhubaneswar, wherein compensation to the tune of Rs.13,42,617/- including interest has been granted to the claimant-Respondent No.1 on account of injury sustained by him in course of and arising out of the employment as a labourer in Truck bearing Registration No.OR05-D-6159 belonging to Respondent No.2.

3. Upon hearing both the parties and considering the grounds of challenge advanced, a reduced compensation of Rs.10,70,000/- (Rupees Ten Lakhs Seventy Thousand) consolidated is proposed to the parties in course of hearing. Mr. K. Das, learned counsel

for the claimant-Respondent No.1 agrees to the same and Mr. G.P. Dutta, learned counsel for Appellant-Insurance Company leaves it to the discretion of the Court. The compensation amount is accordingly fixed to that extent.

4. Since the entire award amount has been deposited before the learned Commissioner, out of the said amount, a sum of Rs.10,70,000/- along with proportionate accrued interest be disbursed in favour of the claimant-Respondent No.1 within a period of eight weeks from today and the balance amount along with proportionate accrued interest thereon shall be refunded to the Appellant-Insurance Company within the same period on proper application.

5. With aforesaid modification of the award, the FAO is disposed of.

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

( B.P. Routray) Judge B.K. Barik