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Judgment
B. P. Routray, J
Heard Mr. A.A. Khan, learned counsel for the Appellant-Insurance Company as well as Mr. J. Mohanty, learned counsel for the claimant-Respondent No.1.
The present appeal filed by the insurer is directed against the judgment and award dated 27.08.2021 passed in E.C. Case No. 188-D/2016 by the Commissioner for Employee's Compensation-cum-Joint Labour Commissioner, Cuttack.
In the impugned award, learned Commissioner has directed for payment of compensation to the tune of Rs.14,45,071/-.
The sole issue raised by the insurer-Appellant is that the claimant-Respondent No.1 having more than 40 years of age and has renewed his driving license in terms of Rule 5 read with Rule 18 of the Central Motor Vehicle Rules, 1989 after the accident shows that he is fit and not suffering from any disability. Thus the calculation derived by the Commissioner taking his disability up-to 75% resulting loss of future earning to the extent of 100% needs to be revisited.
Having heard learned counsel for the claimant-Respondent No.1 and keeping in view the undisputed fact of renewal of his driving license after the accident, the amount of compensation is reduced to Rs.5,40,000/- consolidated. Learned counsel for the claimant-Respondent No.1 agrees to the same.
Accordingly, the awarded amount is modified to the above extent that the Appellant-Insurance Company is directed to pay consolidated amount of compensation of Rs.5,40,000/- (rupees five lakhs forty thousand) to the claimant-Respondent No.1.
Since the entire award amount has been deposited before the learned Commissioner, out of the said amount, a sum of Rs.5,40,000/- along with proportionate accrued interest be disbursed in favour of the claimant-Respondent No.1 within a period of eight weeks from today and the balance amount along with accrued interest thereon shall be refunded to the Appellant-Insurance Company within the same period on proper application.
With the aforesaid modification of the award, the FAO is disposed of.
An urgent certified copy of this order be granted on proper application.
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