Partly allowed

Divisional Manager, M/S. New India Assurance Co.Ltd. v. Pabitra Bhoi

Orissa HC7 Jul 2023FAO/117/2023

Case brief

AI extract

What is this about?

This order dismisses an insurer's appeal against an employee compensation award. The court reduced the compensation to Rs. 8,50,000/- by agreement, directed disbursement to the claimant, and ordered a refund of the balance to the insurer.

What did the court decide?

Compensation reduced to Rs. 8,50,000/-; directed to be paid to claimant; balance refunded to insurer with interest.

Divisional Manager, M/S. New India Assurance… — Civil Procedure and Limitation | Orissa HC (2023)

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Signature Not Verified

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Digitally Signed Signed by: SANGRAM DAS Reason: Authentication Location: High Court of Orissa, C utta ck Date: 10-Jul-2023 10:54:40

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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FAO No.117 of 2023

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…. Divisional Manager, M/S. New India Appellant Assurance Co.Ltd.

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Mr.S.K.Sarangi, Advocate

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-versus-

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Pabitra Bhoi & Anr. …. 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 07.07.2023

Order No.

The matter is taken up through Hybrid mode.

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

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Present appeal by the Insurer is directed against impugned judgment/award dated 12^th December, 2022 passed by the Commissioner for Employee’s Compensation-CumDivisional Labour Commissioner, Cuttack in E.C. Case No.206D of 2017, wherein compensation to the tune of Rs.12,74,982/has been granted on account of injuries sustained by the claimant in course of his employment as a helper of the Truck bearing registration No.OR-02-AG-6595.

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Having heard both parties and considering all such grounds of challenge advanced, a reduced compensation of

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Page 1 of 2

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Signature Not Verified

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Digitally Signed Signed by: SANGRAM DAS Reason: Authentication Location: High Court of Orissa, C utta ck Date: 10-Jul-2023 10:54:40

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Rs.8,50,000/- 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. Sarangi, 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-CumDivisional Labour Commissioner, Cuttack, the Commissioner is directed to disburse the modified consolidated amount of Rs. 8,50,000/-(Eight 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 InsurerAppellant.

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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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S.Das

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Page 2 of 2

Divisional Manager, M/S. New India Assurance Co.Ltd. v. Pabitra Bhoi

Case brief

What is this about?

What did the court decide?

Divisional Manager, M/S. New India Assurance Co.Ltd. v. Pabitra Bhoi

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Parties & counsel

Coram

Case details

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