Orissa High Court
The New India Assurance Co.Ltd vs Mirza Niyamat Baig & Anr. (In Fao No.518 ... on 23 November, 2021
Author: B. P. Routray
Bench: B. P. Routray
IN THE HIGH COURT OF ORISSA AT CUTTACK
FAO No.518 of 2020
FAO Nos.518 and 519 of 2020
The New India Assurance Co.Ltd. .... Appellant
in both cases
Mr. Subha Bikash Panda, Advocate
-versus-
Mirza Niyamat Baig & Anr. (in FAO No.518 of 2020)
Baisnab Samal @ Baisnab Charan
Samal @ Fudha Khandi & Anr. (in FAO No.519 of 2020)
.... Respondents
Mr. B.N. Samantaray, counsel for Respondent No.1
CORAM:
SHRI JUSTICE B. P. ROUTRAY
ORDER
23.11.2021 Order No. I.A. Nos.387 & 390 of 2020
03. 1. Considering the grounds mentioned in the application and upon hearing both parties, the delay in filing the appeal is condoned.
2. The I.As. are disposed of.
FAO Nos.518 and 519 of 2020
04. 3. On the consent of the parties the appeals are taken up for final disposal.
4. The present appeals by the insurer are directed against the impugned common judgment dated 6th February, 2020 passed in E.C. Case Nos.103-D and 104-D of 2017 by the Commissioner for Employee's Compensation-cum-Divisional Labour Commissioner, Cuttack.
5. The driver and helper of TATA ACE bearing registration No.OR 05 AF-7073 filed two claim applications separately for the injuries sustained by them in the accident they met with on 27th January, 2016.
6. Mr. Panda, learned counsel for the Appellant submits that the calculation of percentage of disability as well as monthly income of the claimant - driver, namely Mirza Niyamat Baig @ Mirzalal Baig and the claimant - helper, namely Baisnab Samal @ Baisnab Charan Samal @ Fudha Khandi have been erroneously counted to grant higher compensation. He further contends that the interest @ 12% per annum has been directed to be paid from the date of accident.
7. After hearing Mr. Samantaray, learned counsel for the claimants - Respondents who agrees for fixing a lump sum amount by modifying the compensation granted by the Commissioner.
8. Having heard both parties and upon perusal of the impugned judgment as well as the materials brought on record towards the percentage of disability and loss of earning capacity, the awarded amount is modified to the extent that, the Insurer - Appellant shall pay a compensation of Rs.3,50,000/- consolidated to the driver- claimant Mirza Niyamat Baig @ Mirzalal Baig (Respondent No.1 in FAO No.518 of 2020) and compensation of Rs.2,40,000/- consolidated to the helper-claimant Baisnab Samal @ Baisnab Charan Samal @ Fudha Khandi (Respondent No.1 in FAO No.519 of 2020).
9. Since the entire awarded amount has been deposited before the learned Commissioner, out of the said amount of Rs.3,50,000/- be disbursed in favour of the claimant Mirza Niyamat Baig @ Mirzalal Baig (Respondent No.1 in FAO No.518 of 2020) and Rs.2,40,000/- be Page 2 of 3 disbursed in favour of the claimant Baisnab Samal @ Baisnab Charan Samal @ Fudha Khandi (Respondent No.1 in FAO No.519 of 2020) along with respective interest accrued thereon from the date of judgment within a period of eight weeks from today and the balance amount along with respective accrued interest shall be refunded to the Insurer - Appellant within the same period.
10. With the aforesaid modification of the award, the appeals are disposed of.
11. An urgent certified copy of this order be issued as per rules.
( B.P. Routray) Judge M.K.Panda Page 3 of 3