Dismissed

Manager,M/S. National Insurance Co.Ltd. v. Prafulla Kumar Das

Orissa HC15 Dec 2022FAO/401/2022

Case brief

AI extract

What is this about?

Appeal by insurer against Industrial Commissioner's award of Rs.12.66 lakh compensation; court fixed consolidated compensation at Rs.6.25 lakh payable from deposited amount to claimant, with balance refunded to insurer.

What did the court decide?

Consolidated compensation of Rs.6,25,000 fixed; to be paid to claimant from deposited amount; balance with interest refunded to insurer.

Manager,M/S. National Insurance Co.Ltd. Vs Prafulla Kumar Das — Insurance | Orissa HC (2022)

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IN THE HIGH COURT OF ORISSA AT CUTTACK FAO No.401 of 2022

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The Manager, M/s. National Insurance Company Ltd.

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…. Appellant

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Mr. Subrat Satpathy, Advocate

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-versus-

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…. Prafulla Kumar Das and Another Respondents

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

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CORAM: SHRI JUSTICE B. P. ROUTRAY

ORDER

15.12.2022

Order No.

The matter is taken up through hybrid mode.

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Heard Mr. S. Satpathy, learned counsel for the insurer – Appellant and Mr. P.K. Mishra, learned counsel for claimant – Respondent No.1.

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Present appeal by the insurer is directed against the common impugned judgment dated 3^rd September, 2022 of the learned Commissioner for Employee’s Compensation-cum-Divisional Labour Commissioner, Odisha, Bhubaneswar passed in E.C. Case No.32 of 2013 and 33 of 2013. Present appeal is in respect of E.C. Case No.32 of 2013, wherein compensation to the tune of Rs.12,66,991/including interest has been granted on account of injuries sustained by the claimant arising out of and in course of his employment as driver of the tractor trolley bearing registration number OR 05A 4953 and OR 05A 4954 respectively.

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Upon hearing both parties and considering all such grounds advanced, a consolidated sum of Rs.6,25,000/- is proposed to the

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parties. This is agreed by Mr. Mishra, learned counsel for the claimant – respondent and Mr. Satpathy, learned counsel for the insurer leaves it to the discretion of the court. Accordingly the compensation amount is fixed to the said extent.

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Since the entire compensation amount has already been deposited before the learned Commissioner, out of the same a consolidated sum of Rs.6,25,000/- (six lakhs twenty five 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 proportionate accrued interest be refunded to the insurer – Appellant.

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The appeal is disposed of.

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An urgent certified copy of this order be issued as per rules.

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M.K.Panda

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( B.P. Routray)
Judge

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Page 2 of 2

Manager,M/S. National Insurance Co.Ltd. v. Prafulla Kumar Das

Case brief

What is this about?

What did the court decide?

Manager,M/S. National Insurance Co.Ltd. v. Prafulla Kumar Das

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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