Orissa High Court
The Divisional Manager vs Rajashree Nayak & Ors on 15 September, 2025
Author: Sanjeeb K Panigrahi
Bench: Sanjeeb K Panigrahi
IN THE HIGH COURT OF ORISSA AT CUTTACK
FAO No.322 of 2024
The Divisional Manager, .... Appellant(s)
Oriental Insurance Company
Ltd., Cuttack
Mr. Girija Prasad Dutta, Adv.
-versus-
Rajashree Nayak & Ors. .... Respondent (s)
Mr. Biranchi Narayan Rath, Adv.
CORAM:
HON'BLE DR. JUSTICE SANJEEB K PANIGRAHI Order ORDER No. 15.09.2025
04. 1. This matter is taken up through hybrid arrangement.
2. The present appeal at the instance of the Insurance Company is directed against the judgment/award dated 20.05.2024 passed by the learned Commissioner for Employees' Compensation -cum- Joint Labour Commissioner, Cuttack in E.C. Case No.100-D/2015, wherein compensation to the tune of Rs.15,84,079/- has been granted on account of death of one Bikash Nayak @ Babuni in course of his employment as a labour of the Tractor and Trolley bearing registration No.OD-29-A-3486 and No.OD-29-A-3489 respectively.
3. Heard learned counsel for the respective Parties.
4. Mr. Dutta, learned counsel for the Appellant though Signature Not Verified Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant vehemently disputes the liability on the ground of non- Reason: Authentication Location: High Court of Orissa Date: 16-Sep-2025 14:10:35 payment of premium to the appellant for covering the risk of Page 1 of 3 the deceased, in view of the judgments reported in 2009(2) OLR 982 and 2013 (2) OLR 359 the said contention is rejected. Further, he also disputes the income and age of the deceased, but in absence of any evidence adduced from the side of the insurer on the income and age, the said contention is rejected.
5. Having heard both the parties, considering the ground of challenge, this Court finds that a reduced compensation of Rs.12,25,000/- (Rupees Twelve lakh twenty-five thousand only) as consolidated is proposed by Mr. Dutta, learned counsel for the Appellant which is also agreed by Mr. Rath, learned counsel for the Claimants. Mr. Dutta, learned counsel for the Insurer leaves it to the discretion of the Court. Accordingly, the amount is reduced to the said extent.
6. Since the entire awarded amount has been deposited before the learned Commissioner for Employee's Compensation-cum-Joint Labour Commissioner, Cuttack, this Court directs the learned Commissioner to disburse the reduced consolidated amount of Rs.12,25,000/- (Rupees Twelve lakh twenty-five thousand only) with proportionate accrued interest thereon in favour of the claimants within a period of two months from today. The balance amount with accrued interest thereon shall be refunded to the Signature Not Verified Appellant/Insurance Company. However, penalty and penal Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication interest @ 12% as directed by the Commissioner is waived. Location: High Court of Orissa Date: 16-Sep-2025 14:10:35 Page 2 of 3
7. This FAO is, accordingly, disposed of.
(Dr. Sanjeeb K Panigrahi) Judge Ayaskanta Signature Not Verified Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 16-Sep-2025 14:10:35 Page 3 of 3