High CourtsSingle Bench(2021) 07 OHC CK 0249

Legal Manager M/s. New India Assurance Company Ltd vs Kedarnath Pradhan And Others

Orissa High Court · Decided on 28 July 2021

HON’BLE JUDGES
Biswanath Rath, J
RESULT
Disposed Of
CASE NUMBER
FAO No.643 Of 2020

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Judgment

18 paragraphs · 297 words

Biswanath Rath, J

1.

This matter is taken up through video conferencing mode.

2.

Heard Mr.G.P.Dutta, learned counsel for the appellant and Mr.P.K.Mishra, learned counsel appearing for the claimant-respondentNo.1.

3.

This matter involves a challenge to the award being passed by the Commissioner for Employee’s Compensation-cum-Joint Labour

Commissioner, Cuttack in E.C. Case No. 217-D/2013. The impugned award is challenged on the grounds mentioned therein with regard to quantum.

4.

During course of submission, while not inclining to entertain the grounds on which the impugned award is challenged, this Court however finds,

there is exorbitant grant of compensation.

5.

Considering the rival contentions of the parties with regard to the compensation aspect, this Court observes, grant of a sum of Rs.6,00,000/-

(Rupees six lakhs) only as consolidated will meet the ends of justice. In such view of the matter, while interfering with the impugned order only in the

compensation aspect, this Court reduces the same to a consolidated sum of Rs.6,00,000/- (Rupees six lakhs) only from Rs.14,09,448/- (Rupees

fourteen lakhs nine thousand four hundred forty eight) only. Since the amount is already deposited before the Commissioner for Employee’s

Compensation-cum- Joint Labour Commissioner, Cuttack, the modified awarded amount be released in favour of the claimant No.1 with proportionate

accrued interest and the balance amount be released in favour of the appellant.

6.

With the above observation and direction, the FAO stands disposed of.

7.

As the restrictions due to resurgence of COVID-19 situation are continuing, learned counsel for the parties may utilize a print out of the order

available in the High Court’s website, at par with certified copy, subject to attestation by the concerned Advocate, in the manner prescribed vide

Court’s Notice No.4587, dated 25th March, 2020 as modified by Court’s notice No.4798, dated 15th April, 2021.

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