(Arun Mishra and Uday Umesh Lalit, JJ.)
Dinabandhu Panda & Anr. ________________________ Appellant(s)
v.
Bajaj Allianz General Insurance Company Ltd. & Anr. ______________________________________________ Respondent(s)
Civil Appeal No(s). 5143 of 2018 [Arising out of SLP (C) Nos. 1045/2017], decided on May 14, 2018
With
Civil Appeal No(s). 5145 of 2018 [Arising out of SLP (C) Nos. 4079/2017], Civil Appeal No(s). 5146 of 2018 [Arising out of SLP (C) Nos. 5006/2017], Civil Appeal No(s). 5144 of 2018 [Arising out of SLP (C) Nos. 1732/2017]
The Order of the court was delivered by
Order
1. Leave granted.
2. The High Court has unnecessarily reduced the compensation awarded by the Commissioner for Employees Compensation-cum-Assistant Labour Commissioner, Berhampur, Ganjam (in short ‘the Commissioner’). That approach is unexpected from the High Court. The High Court is supposed to decide these matters purely after considering the matter in accordance with law. It is surprising that the High court had not assigned any reason while interfering with the just and appropriate order passed by the Commissioner. This approach of the High Court cannot be appreciated. We request the High Court in future to decide the matters by reasoned order strictly in accordance with law not by these kind of orders. It is made clear that it is the duty of the courts to give what is proper and due and courts are not supposed to take away what is just and admissible claim. The approach of the High Court is thus not appreciated at all. The order of the High Court is set aside and that of the Commissioner is restored.
3. The appeals are allowed.
SUPREME COURT OF INDIA
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No(s). 1045/2017
(Arising out of impugned final judgment and order dated 30-01-2015 in FAO No. 464/2013 passed by the High Court Of Orissa At Cuttack)
Dinabandhu Panda & Anr.….Petitioner(s)
v.
Bajaj Allianz General Insurance Company Ltd. & Anr.….Respondent(s)
WITH
SLP(C) No. 4079/2017 (XI-A)
SLP(C) No. 5006/2017 (XI-A)
SLP(C) No. 1732/2017 (XI-A)
Date : 14-05-2018 These petitions were called on for hearing today.
(Before Arun Mishra and Uday Umesh Lalit, JJ.)
For Petitioner(s) Mr. Vivek Gupta, AOR
Ms. Aniruddh Joshi, Adv.
Mr. Pranav Kashyap, Adv.
For Respondent(s) Mr. Pradeep Gaur, Adv.
Mr. Rameshwar Prasad Goyal, AOR
UPON hearing the counsel the Court made the following
ORDER
4. Leave granted.
5. The appeals are allowed in terms of the signed order.
6. Pending application, if any, also stand disposed of.
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