Dismissed

Divisional Manager,National Insurance Co.Ltd. v. Sk.Razak

Orissa HC4 Nov 2022FAO/494/2017

Case brief

AI extract

What is this about?

In this appeal challenging an Employee's Compensation award, the Court heard both parties and fixed a consolidated compensation sum of Rs. 5.50 lakhs after mutual agreement. The Court ordered the disbursement of this amount to the claimant from the deposited funds and refunded the excess to the insurer, subsequently dismissing the appeal.

What did the court decide?

Compensation fixed at Rs. 5,50,000/-; directed to be disbursed to claimant within two months; excess refunded to insurer; appeal disposed of.

Divisional Manager,National Insurance Co.Ltd… — Civil Procedure and Limitation | Orissa HC (2022)

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IN THE HIGH COURT OF ORISSA AT CUTTACK FAO No.494 of 2017

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The Divisional Manager, 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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Sk. Razak and Another …. Respondents

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Mr. R.P. Bhagat, Counsel for Respondent No.1

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CORAM:

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SHRI JUSTICE B. P. ROUTRAY

ORDER

04.11.2022

Order No.

The matter is taken through hybrid mode.

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

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Present appeal is directed against the impugned award dated 31^st October, 2017 passed by the learned Commissioner for Employee’s Compensation-cum-Assistant Labour Commissioner, Cuttack in E.C. Case No.13-D of 2012, wherein compensation to the tune of Rs.6,30,634/- has been awarded on account of injuries sustained by the injured-claimant arising out of and in course of his employment as helper in the truck bearing registration number OR 04D 1264.

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Upon hearing both parties and considering all such grounds advanced, a consolidated sum of Rs.5,50,000/- is proposed to the parties. This is agreed by Mr. Bhagat, learned counsel for the claimant Page 1 of 2

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– injured and Mr. Satpathy, learned counsel for the insurer leaves it to the discretion of the court. Accordingly the compensation 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.5,50,000/- (five lakh fifty 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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( B.P. Routray)
Judge

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M.K.Panda

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Page 2 of 2

Divisional Manager,National Insurance Co.Ltd. v. Sk.Razak

Case brief

What is this about?

What did the court decide?

Divisional Manager,National Insurance Co.Ltd. v. Sk.Razak

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

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