Dismissed

M/S.New India Assurance Co. Ltd. v. Laxmidhar Jena

Orissa HC5 Dec 2022FAO/391/2022

Case brief

AI extract

What is this about?

The Court reduced the employer compensation award from Rs.9,67,976/- to Rs.7,00,000/- upon agreement of the claimant's counsel. It directed the Commissioner to disburse the reduced sum to the claimant and refund the balance to the insurer within two months.

What did the court decide?

Reduction of compensation to Rs.7,00,000/-; Commissioner directed to disburse amount to claimant and refund balance to insurer.

M/S.New India Assurance Co. Ltd. Vs Laxmidhar Jena — Service and Employment | Orissa HC (2022)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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FAO No.391 of 2022

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M/s.New India Assurance Co. Ltd.

Appellant

Mr.N.B.Das, Advocate

-versus-

Laxmidhar Jena and another …. Respondents Mr.P.K.Mishra, Advocate for Respondent No.1

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CORAM:

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JUSTICE B. P. ROUTRAY

ORDER

5.12.2022

Order No.

The matter is taken up through Hybrid mode.

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Heard Mr.Das, learned counsel for the Insurer-Appellant and Mr.D.P.Mishra on behalf of Mr.P.K.Mishra, learned Advocate for claimant-Respondent No.1.

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Present appeal by the Insurer is directed against impugned judgment/award dated 2^nd June, 2022 passed by the Commissioner for Employee’s Compensation-Cum- Divisional Labour Commissioner, Jagatsinghpur, in E.C.Case No.12/2020, wherein compensation to the tune of Rs.9,67,976/- has been granted along with interest on account of injuries sustained by the claimant in course of his employment as a helper of a Truck bearing registration no.OD-02-AR-8984.

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Having heard both parties and considering the grounds of challenge advanced, a reduced compensation of Rs.7,00,000/consolidated is proposed to the parties in course of hearing. The

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Page 1 of 2

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same is agreed by Mr.Mishra, learned counsel for the claimantRespondent No.1. Mr.Das, 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-Cum- Divisional Labour Commissioner, Jagatsinghpur, the Commissioner is directed to disburse the modified consolidated amount of Rs.7,00,000/-(Seven lakhs) 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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( B.P. Routray) Judge

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CRBiswal

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Page 2 of 2

M/S.New India Assurance Co. Ltd. v. Laxmidhar Jena

Case brief

What is this about?

What did the court decide?

M/S.New India Assurance Co. Ltd. v. Laxmidhar Jena

Case brief

What is this about?

What did the court decide?

What the court decided

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Coram

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