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Legal Manager, Icici Lombard General Insurance Company Ltd. v. Gokul Dhira Samanta

Orissa HC21 Jul 2023FAO/231/2023

Case brief

AI extract

What is this about?

The insurer's appeal against a compensation order was heard. Both parties agreed to a consolidated sum of Rs. 7,88,000 with interest. The court fixed this amount for the claimant and ordered the refund of the balance to the insurer.

What did the court decide?

Consolidated compensation of Rs. 7,88,000 with interest awarded to the claimant; balance amount refunded to insurer within two months.

Legal Manager, Icici Lombard General Insurance… — Civil Procedure and Limitation | Orissa HC (2023)

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IN THE HIGH COURT OF ORISSA AT CUTTACK FAO No.231 of 2023

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The Legal Manager, ICICI Lombard General Insurance Co. Ltd., Satya Nagar, Bhubaneswar

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…. Appellant

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Mr. Jayasankar Mishra, Advocate

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-versus-

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Gokul Dhira Samanta and Another

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…. Respondents

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Mr. B.N. Samantaray, 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. J. Mishra, learned counsel for the insurer – Appellant and Mr. B.N. Samantaray, learned counsel for claimant – Respondent No.1.

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Present appeal by the insurer is directed against impugned judgment dated 10^th April 2023 of learned Commissioner for Employee’s Compensation – cum – Divisional Labour Commissioner, Cuttack passed in E.C. Case No.112 of 2021, wherein compensation to the tune of Rs.10,03,024/- (including interest) has been granted on account of injuries sustained by the injured – claimant arising out of and in course of his employment as driver in the truck bearing registration number OD-09-G-4355.

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Upon hearing both parties and considering all such grounds of challenge advanced, a consolidated sum of Rs.7,88,000/- is proposed to the parties. This is agreed by Mr. Samantaray,

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Page 1 of 2

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learned counsel for the injured - claimant and Mr. Mishra, 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.7,88,000/- (seven lakhs eighty-eight 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)
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 17:49:58

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Page 2 of 2

Legal Manager, Icici Lombard General Insurance Company Ltd. v. Gokul Dhira Samanta

Case brief

What is this about?

What did the court decide?

Legal Manager, Icici Lombard General Insurance Company Ltd. v. Gokul Dhira Samanta

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

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