The Manager, Legal, Cholamandalam Ms G.I.Co. Ltd. Vs Santosh Beura — Orissa HC (2024) — LawSathi Research

The Manager, Legal, Cholamandalam Ms G.I.Co. Ltd. Vs Santosh Beura — Orissa HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Compensation reduced by consent and fixed at a consolidated Rs.10,50,000/-; that sum with accrued interest to be disbursed to the injured claimant within two months out of the deposited amount; the balance with proportionate accrued interest refunded to the insurer-appellant; penalty and penal interest waived.

Issue for consideration

Whether the compensation of Rs.15,93,516/- (including interest) awarded by the Commissioner for Employee’s Compensation in E.C. Case No.298 of 2014 should be reduced in the insurer's appeal.

Court's answer

On the claimant's counsel agreeing and the insurer leaving the matter to the court's discretion, the compensation payable to the injured claimant is fixed at the reduced consolidated sum of Rs.10,50,000/-.

Ratio / Principle

Out of the amount already deposited, a consolidated sum of Rs.10,50,000/- along with accrued interest shall be disbursed to the injured claimant within two months.

Key takeaways

The remainder of the deposited amount, with proportionate accrued interest, shall be refunded to the insurer – Appellant.ratio¶¶25
The direction for payment of penalty and penal interest is waived.ratio¶¶26

Detailed headnote1 paragraphs

Insurer's FAO against an Employees' Compensation award of Rs.15,93,516/- (including interest) granted by the Commissioner for Employee's Compensation-cum-Divisional Labour Commissioner, Headquarters in E.C. Case No.298 of 2014 (judgment dated 4th December, 2023) for injuries sustained by a labourer in Tractor No.OD-04-C-9438. On consent of the claimant's counsel, and the insurer leaving the matter to the court's discretion, compensation was fixed at a reduced consolidated sum of Rs.10,50,000/-. Out of the amount already deposited, Rs.10,50,000/- with accrued interest to be disbursed to the injured claimant within two months; the balance with proportionate accrued interest to be refunded to the insurer. Direction for payment of penalty and penal interest waived. Coram: B.P. Routray, J.; order dated 7.5.2024.

IN THE HIGH COURT OF ORISSA AT CUTTACK FAO No.142 of 2024

The Manager Legal, Cholamandalam MS General Insurance Company Ltd., Bhubaneswar, Khurda

…. Appellant Mr. G.P. Dutta, Advocate

-versus-

Santosh Beura and Another

…. Respondents

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

CORAM: SHRI JUSTICE B. P. ROUTRAY

ORDER

7.5.2024

Order No.

I.A. No.187 of 2024

01.

The matter is taken up through Hybrid mode.

Since the award amount has already been deposited and receipt has been filed, the I.A. is disposed of.

I.A. No.273 of 2024

Since no delay is there, the I.A. is disposed of.

FAO No.142 of 2024

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

Present appeal by the insurer is directed against impugned judgment dated 4^th December, 2023 of learned Commissioner for Employee’s Compensation -cum- Divisional Labour Commissioner, Headquarters passed in E.C. Case No.298 of 2014, wherein

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compensation to the tune of Rs.15,93,516/- (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 Tractor bearing registration number OD-04-C-9438.

Upon hearing both parties and considering all such grounds of challenge advanced, a reduced consolidated sum of Rs.10,50,000/- is proposed to the parties. This is agreed by Mr. Das, learned counsel for the claimant - Respondent 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.

Since the entire compensation amount has already been deposited before learned Commissioner, out of the same a consolidated sum of Rs.10,50,000/- (ten lakhs fifty thousand) along with accrued interest thereof be disbursed in favour of the injured - claimant within a period of two months from today. The rest amount along with proportionate accrued interest be refunded to the insurer – Appellant.

The direction for payment of penalty and penal interest is waived.

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

( B.P. Routray)

M.K.Panda

Judge Signature Not Verified

Digitally Signed Signed by: MANAS KUMAR PANDA Designation: Personal Assistant Reason: Authentication Location: OHC, Cuttack Date: 08-May-2024 18:22:58

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