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The Manager Legal, M/S. Cholamandalam Ms G.I.Co. Ltd. v. Suryakanta Guin

Orissa HC21 Jul 2023FAO/206/2023

Case brief

AI extract

What is this about?

The High Court of Orissa disposed of an insurance appeal challenging an industrial injuries compensation award. The court fixed the compensation at Rs. 10,20,000, directing its disbursement to the claimant with the balance refunded to the insurer.

What did the court decide?

Award fixed at Rs. 10,20,000 to claimant; balance refunded to insurer; appeal disposed of.

The Manager Legal, M/S. Cholamandalam Ms G.I.Co. Ltd. Vs Suryakanta… — Insurance | Orissa HC (2023)

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IN THE HIGH COURT OF ORISSA AT CUTTACK FAO No.206 of 2023

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The Manager Legal, M/s. Cholamandalam MS General Insurance Co. Ltd., Saheed Nagar, Bhubaneswar

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…. Appellant

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Mr. G.P. Dutta, Advocate

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-versus-

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Suryakanta Guin and Another

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…. Respondents

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Mr. K.K. Das, counsel for Respondent No.1

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CORAM:

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SHRI JUSTICE B. P. ROUTRAY

ORDER

21.7.2023

Order No.

The matter is taken up through Hybrid mode.

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Heard Mr. G.P. Dutta, learned counsel for the insurer – Appellant and Mr. K.K. Das, learned counsel for claimant – Respondent No.1.

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Present appeal by the insurer is directed against impugned judgment dated 16^th March 2023 of learned Commissioner for Employee’s Compensation – cum – Divisional Labour Commissioner, Odisha, Bhubaneswar passed in E.C. Case No.246 of 2015, wherein compensation to the tune of Rs.16,99,236/- (including interest) has been granted on account of injuries sustained by the injured – claimant arising out of and in course of his employment as labourer in the truck bearing registration number OR-09-E-7132.

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Page 1 of 2

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Upon hearing both parties and considering all such grounds of challenge advanced, a consolidated sum of Rs.10,20,000/- is proposed to the parties. This is agreed by Mr. Das, learned counsel for the injured - claimant and Mr. Dutta, learned counsel for the insurer leaves it to the discretion of the court. Accordingly the compensation amount is fixed to said extent.

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Since the entire compensation amount has already been deposited before learned Commissioner, out of the same a consolidated sum of Rs.10,20,000/- (ten lakhs twenty 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 accordingly.

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

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( B.P. Routray)

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Judge

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M.K.Panda

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Signature Not Verified

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Digitally Signed Signed by: MANAS KUMAR PANDA Designation: Senior Steno Reason: Authentication Location: OHC, Cuttack Date: 21-Jul-2023 17:49:57

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Page 2 of 2

The Manager Legal, M/S. Cholamandalam Ms G.I.Co. Ltd. v. Suryakanta Guin

Case brief

What is this about?

What did the court decide?

The Manager Legal, M/S. Cholamandalam Ms G.I.Co. Ltd. v. Suryakanta Guin

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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