Divisional Manager, National Insurance Co. Ltd., v. Raj Kishore Sahoo

IN THE HIGH COURT OF ORISSA AT CUTTACK

FAO No.1011 of 2019 Divisional Manager, National Insurance Company Ltd.

....

Appellant Mr. S. Satpathy along with Ms. B. Khadenga, Advocates -versusRaj Kishore Sahoo and Another ....

Respondents Mr. B.N. Samantaray, counsel for Respondent No.1

CORAM:

SHRI JUSTICE B. P. ROUTRAY

ORDER

9.5.2022 Order No.

04.

1.

Heard Mr. S. Satpathy along with Mrs. B. Khadenga, learned counsel for the insurer-Appellant and Mr. B.N. Samantaray, learned counsel for claimant - Respondent No.1.

2.

Present appeal by the insurer is directed against the common award dated 15th April, 2019 passed by the learned Commissioner for Employee's Compensation-cum-Divisional Labour Commissioner, Cuttack in E.C. Case Nos.263-D & 266-D of 2014. The present appeal is in respect of E.C. Case No.263-D of 2014 wherein compensation to the tune of Rs.7,94,715/- including interest has been awarded on account of injuries sustained by the claimant arising out of and in course of his employment as helper of the truck bearing registration number OR 05 S 9525.

3.

Upon hearing both parties and considering the grounds of challenge, a reduced compensation of Rs.3,90,000/- consolidated is

proposed to the parties. This is agreed by Mr. Samantaray, learned counsel for the claimant - Respondent and Mr. Satpathy leaves it to the discretion of the Court. As such the amount is fixed to the said extent.

4.

Since the entire compensation amount has already been deposited before the learned Commissioner, out of the same a consolidated sum of Rs.3,90,000/- (three lakh ninety 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 accrued interest thereof be refunded to the insurer - Appellant.

5.

The appeal is disposed of.

6.

An urgent certified copy of this order be issued as per rules. ( B.P. Routray) Judge M.K.Panda