Allowed

Manager, M/S. National Insurance Co.Ltd. v. Sudam Charan Jena

Orissa HC15 Dec 2022FAO/402/2022

Case brief

AI extract

What is this about?

The High Court of Orissa allowed the insurer's appeal regarding an employee compensation claim. The Court fixed the compensation at Rs. 5,25,000 with interest, ordering disbursement to the claimant and refund of the excess to the insurer from deposited funds.

What did the court decide?

Compensation fixed at Rs. 5,25,000; order for disbursement to claimant and refund to insurer.

Manager, M/S. National Insurance Co.Ltd. Vs Sudam… — Company and Corporate | Orissa HC (2022)

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IN THE HIGH COURT OF ORISSA AT CUTTACK FAO No.402 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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Sudam Charan Jena and Another …. Respondents

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

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CORAM:

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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 –

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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.33 of 2013, wherein compensation to the tune of Rs.14,78,077/including interest has been granted on account of injuries sustained by the claimant arising out of and in course of his employment as helper 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.5,25,000/- 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.5,25,000/- (five 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. ( B.P. Routray)

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Judge

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M.K.Panda

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Manager, M/S. National Insurance Co.Ltd. v. Sudam Charan Jena

Case brief

What is this about?

What did the court decide?

Manager, M/S. National Insurance Co.Ltd. v. Sudam Charan Jena

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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