The Manager M/S. Oriental vs Ramesh Chandra Sahoo & Anr
2025 Latest Caselaw 1986 Ori

Orissa High Court

The Manager M/S. Oriental vs Ramesh Chandra Sahoo & Anr on 1 August, 2025

Author: S.K. Panigrahi

Bench: S.K. Panigrahi

                         IN THE HIGH COURT OF ORISSA AT CUTTACK
                                       FAO No. 533 of 2024

                    The Manager M/s. Oriental
                    Insuranace Company Ltd.                    ........    Appellant(s)
                                                                  Mr. A. A. Khan, Adv.


                                          -Versus-
                    Ramesh Chandra Sahoo & Anr.            .......... Respondent(s)
                                                            Mr. Debashis Patnaik, Adv.
                              CORAM:
                              DR. JUSTICE S.K. PANIGRAHI
                                          ORDER

01.08.2025 Order No.

03. 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 24.05.2024 passed by the

Commissioner for Employee's Compensation-cum-Divisional

Labour Commissioner, Jajpur Road, Jajpur in E.C. Case No.161 of

2016, wherein compensation to the tune of Rs.6,73,269/- has been

granted on account of the injuries sustained by the claimant un

course of his employment as a Helper of the truck bearing

registration No.OD-09-D-2595.

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

vehemently disputes the genuineness of the claim application,

employment, disability 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.4,70,000/- consolidated is proposed to the parties in course of

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

claimants. Mr. Khan, 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, Jajpur Road, Jajpur, the

Commissioner is directed to disburse the reduced consolidated

amount of Rs.4,70,000/- (Rupees four lakh seventy thousand) 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