The New India Assurance Company Ltd vs Prahallad @ Gobara Sethy & Anr
2025 Latest Caselaw 1985 Ori

Orissa High Court

The New India Assurance Company Ltd vs Prahallad @ Gobara Sethy & Anr on 1 August, 2025

Author: S.K. Panigrahi

Bench: S.K. Panigrahi

                         IN THE HIGH COURT OF ORISSA AT CUTTACK
                                       FAO No. 167 of 2025

                    The New India Assurance Company Ltd.       ........    Appellant(s)
                                                                  Mr. S. K. Ghose, Adv.


                                          -Versus-
                    Prahallad @ Gobara Sethy & Anr.        .......... Respondent(s)
                                                              Mr. P.K. Mishra, Adv.
                              CORAM:
                              DR. JUSTICE S.K. PANIGRAHI
                                          ORDER

01.08.2025 Order No.

01. 1. This matter is taken up through hybrid arrangement.

2. Heard learned counsel for the parties.

3. The present appeal by the Insurer is directed against

the impugned judgment/award dated 12.03.2025 passed by the

Commissioner for Employee's Compensation-cum-Divisional

Labour Commissioner, Cuttack in E.C. Case No.47-D of 2019,

wherein compensation to the tune of Rs.14,62,275/- has been

granted on account of the injuries sustained by the claimant in

course of his employment as a Helper of the truck bearing

registration No.OD-05-AR-5690.

4. Mr. Ghose, learned counsel for the Appellant though

vehemently disputes the earning capacity and income of the

injured, but in absence of any evidence adduced from the side of

the Insurer, the said contention is rejected.

5. Having heard both the parties and considering all such

grounds of challenge advanced, a reduced compensation of

Rs.12,00 ,000/- consolidated is proposed to the parties in course of

hearing. The same is agreed by Mr. Mishra, learned counsel for the

claimants. Mr. Ghose, 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 Commissioner for Employee's Compensation-cum-

Divisional Labour Commissioner, Cuttack, the Commissioner is

directed to disburse the reduced consolidated amount of Rs.12,00

,000/- (Rupees Twelve lakh) with proportionate accrued interest

thereon in favour of the claimants within a period of two months

from today. The balance amount with proportionate accrued

interest thereon shall be refunded to the Insurer-Appellant.

However, penal interest @ 12% as directed by the Commissioner is

waived.

7. The Appeal is, accordingly, disposed of.

( Dr. S.K. Panigrahi) Judge

Gitanjali