Dismissed

The Divisional Manager, M/S. New India Assurance Co. Ltd. v. Jharendra @ Dharendra Kumar @ Dharanidhar Bhoi

Orissa HC4 Nov 2022FAO/191/2021

Case brief

AI extract

What is this about?

The High Court dismissed an insulin appeal by an insurance company against an Employee Compensation Commissioner's award. While declining to rule on the merger of suits due to withdrawal, the Court modified the compensation quantum from Rs.9,57,147/- to Rs.6,50,000/- and directed the Commissioner to disburse the reduced amount.

What did the court decide?

The consolidated compensation was reduced to Rs.6,50,000/- at the Commissioner's discretion; the withdrawn claim issue was not adjudicated; the reduced amount was ordered to be disbursed with interest

The Divisional Manager, M/S. New India Assurance Co… — Banking and Recovery | Orissa HC (2022)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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FAO No.191 of 2021

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The Divisional Manager, M/s.New India Assurance Co. Ltd..

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…. Appellant Mr.S.Roy, Advocate

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-versus-

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Jharendra @ Dharendra Kumar @ Dharanidhar Bhoi and another

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…. Respondents

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Mr.P.K.Mishra, Advocate for Respondent No.1

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CORAM:

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JUSTICE B. P. ROUTRAY

ORDER

4.11.2022

Order No.

I.A.No.425 of 2021

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The matter is taken up through Hybrid mode. 2. The I.A. is disposed of as no delay is there as per the S.R.

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FAO No.191 of 2021

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Heard Mr.Roy, learned counsel for the InsurerAppellant and Mr.Mishra, learned Advocate for claimantRespondent No.1.

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Present appeal by the Insurer is directed against impugned judgment/award dated 30^th June, 2021 passed by the Commissioner for Employee’s Compensation-Cum-Joint Labour Commissioner, Cuttack, in E.C.Case No.422-D/2016, wherein compensation to the tune of Rs.9,57,147/- has been granted on account of injuries sustained by the Claimant in course of his

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Page 1 of 3

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employment as a labourer of the truck bearing registration no.OR-04-D-7292.

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Mr.Roy, learned counsel for the Insurer-Appellant contends that the injured-claimant has filed another claim application before the Employee’s Compensation-CumDivisional Labour Commissioner, Jajpur in E.C. Case No. 18/2017 for the self-same accident and therefore, he is not entitled for compensation in the present case.

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Mr. Mishra, learned counsel for the injured-claimant submits that in the meantime, the claimant has withdrawn the said application in E.C. Case No.18/2017, which has already been dismissed as withdrawn. An authenticated copy of the order of the learned Employee’s Compensation-Cum-Divisional Labour Commissioner, Jajpur communicated to the injured-claimant in memo No.2978 dated 1.10.2022 filed by Mr. Mishra is kept on record.

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With regard to quantum of compensation, after hearing both parties and considering the grounds of challenge advanced, a reduced compensation of Rs.6,50,000/- 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. Roy, learned counsel for the Insurer leaves it to the discretion of the Court. Accordingly, the amount is reduced to said extent.

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Since the entire award amount has been deposited before the Commissioner for Employee’s Compensation-CumJoint Labour Commissioner, Cuttack, the Commissioner is directed to disburse the modified consolidated amount of

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Rs.6,50,000/- (Six 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.

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The appeal is accordingly disposed of.

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

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CRBiswal

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( B.P. Routray)
Judge

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The Divisional Manager, M/S. New India Assurance Co. Ltd. v. Jharendra @ Dharendra Kumar @ Dharanidhar Bhoi

Case brief

What is this about?

What did the court decide?

The Divisional Manager, M/S. New India Assurance Co. Ltd. v. Jharendra @ Dharendra Kumar @ Dharanidhar Bhoi

Case brief

What is this about?

What did the court decide?

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