Regional Manager,M/S.New India Assurance Company Ltd. v. Manas Jena

IN THE HIGH COURT OF ORISSA AT CUTTACK

FAO No.329 of 2021 Regional Manager, M/s.New India Assurance Company Ltd.

....

Appellant Mr.B.C.Singh, Advocate -versusManas Jena and another .... Respondents Mr.P.K.Mishra, Advocate for Respondent No.1

CORAM:

JUSTICE B. P. ROUTRAY

ORDER

20.4.2022 Order No.

5.

1.

Heard Mr.Singh, learned counsel for the Appellant and Mr.Mishra, learned Advocate for Respondent No.1. 2.

Present appeal by the Insurer is directed against impugned judgment/award dated 29th November, 2021 passed by the Commissioner for Employee's Compensation-CumDivisional Labour Commissioner, Odisha, Bhubaneswar in E.C.Case No.328 of 2014, wherein compensation to the tune of Rs.5,22,084/- has been granted on account of injuries sustained in course of his employment as a labourer in the truck bearing Registration No.OR-04-D-8415.

3.

Having heard both parties and considering the grounds advanced, a reduced compensation of Rs.4,30,000/- consolidated is proposed to the parties in course of hearing. The same is agreed by Mr.Mishra, learned counsel for the claimant-Respondent No.1.

Mr.Singh, learned counsel for the Insurer-Appellant 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-CumDivisional Labour Commissioner, Odisha, Bhubaneswar, the Commissioner is directed to disburse the modified consolidated amount of Rs.4,30,000/- (four lakhs thirty 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 C.R.Biswal