Allowed

D.M., M/S. New India Assurance Company Ltd., Cuttack v. Trilochan Biswal

Orissa HC20 Aug 2024FAO/340/2024

Case brief

AI extract

What is this about?

The High Court of Orissa condensed the insurer's appeal. While reducing the compensation to facilitate settlement, the court ordered the Commissioner to disburse the reduced amount to claimants and refund the balance with interest to the insurer, waiving any penalties.

What did the court decide?

Compensation reduced to Rs. 13,60,000; Claimants paid this amount; Insurer to receive refund of balance plus interest; Penalty waived.

D.M., M/S. New India Assurance Company Ltd., Cuttack Vs… — Banking and Recovery | Orissa HC (2024)

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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: 22-Aug-2024 10:56:20

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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FAO No.340 of 2024

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Divisional Manager, M/S. New India Assurane Co.Ltd., Cuttack

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…. Appellant

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Mr.S.K.Ghose, Advocate

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-versus-

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Trilochan Biswal & Anr.

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…. Respondents

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Mr.P.K.Mishra, Advocate

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CORAM:

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JUSTICE B. P. ROUTRAY

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ORDER

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20.08.2024

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I.A. No.604 of 2024

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Order No.

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The matter is taken up through Hybrid mode.

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Heard Mr.Ghose, learned counsel for the Appellant and

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Mr.Mishra, learned counsel for the Respondents.

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Upon hearing all parties and considering the grounds mentioned in the limitation application, delay in filing the appeal is condoned.

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I.A. is disposed of.

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FAO No.340 of 2024

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Though this matter is listed for orders, the same is taken up for final disposal on the request of the parties.

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Present appeal by the Insurer is directed against impugned judgment/award dated 29^th April, 2024 passed by the

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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: 22-Aug-2024 10:56:20

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Commissioner for Employee’s Compensation-Cum-Joint Labour Commissioner, Cuttack in E.C. Case No.231 of 2021, wherein compensation to the tune of Rs.16,76,331/- has been granted on account of injuries sustained by the claimant in course of his employment as a driver of the Mini Truck bearing registration No.OD-02-AM-9877.

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Having heard both parties and considering all such grounds, a reduced compensation of Rs.13,60,000/- consolidated is proposed to the parties in course of hearing. The same is agreed by Mr.Mishra, learned counsel for the claimants. Mr.Ghose, 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-CumJoint Labour Commissioner, Cuttack, the Commissioner is directed to disburse the reduced consolidated amount of Rs. 13,60,000/-(Thirteen lakhs sixty thousand) with proportionate accrued interest thereof in favour of the claimants within a period of two months from today. The balance amount with proportionate accrued interest thereon shall be refunded to the Insurer-Appellant. However, penalty & penal interest as directed by the Tribunal, is waived.

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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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D.M., M/S. New India Assurance Company Ltd., Cuttack v. Trilochan Biswal

Case brief

What is this about?

What did the court decide?

D.M., M/S. New India Assurance Company Ltd., Cuttack v. Trilochan Biswal

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Parties & counsel

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