The Divisional Manager vs Bhimasen Naik & Anr
2025 Latest Caselaw 2385 Ori

Orissa High Court

The Divisional Manager vs Bhimasen Naik & Anr on 4 August, 2025

Author: S.K. Panigrahi

Bench: S.K. Panigrahi

                                            IN THE HIGH COURT OF ORISSA AT CUTTACK

                                                           FAO No.268 of 2025
                                          The Divisional Manager,    ....             Appellant(s)
                                          M/s. Oriental Insurance
                                          Co. Ltd., Bhubaneswar
                                                                       Mr. Nayan Behari Das, Adv.

                                                               -versus-
                                          Bhimasen Naik & Anr.      ....           Respondent(s)

Mr. Pradeep Kumar Mishra, Adv.

CORAM:

HON'BLE DR.JUSTICE S.K. PANIGRAHI

Order ORDER No. 04.08.2025

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

2. This application has been filed for condoning the delay

in preferring the FAO.

3. Heard learned counsel for the Parties.

4. Considering the submissions and on going through the

averments made in this I.A, prayer is allowed. Delay in

preferring the FAO is, hereby, condoned.

5. This I.A is, accordingly, disposed of.

6. Present appeal by the Insurer is directed against the

impugned judgment/ award dated 06.12.2024 passed by

the learned Commissioner for Employee's Compensation-

Designation: Personal Assistant Cum-Joint Labour Commissioner, Cuttack in E.C. Case Reason: Authentication Location: High Court of Orissa Date: 07-Aug-2025 17:27:24

No.513-D/2013 wherein compensation to the tune of

Rs.18,17,879/- has been granted on account of injuries

sustained by the claimant during course of his

employment as a driver of the Bolero bearing registration

No.OR-21-D-0650.

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

vehemently disputes the disability and income of the

injured, 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, it appears that a reduced

compensation of a consolidated sum of Rs.11,50,000/- is

proposed to the parties in course of hearing. The same is

agreed by Mr. Patnaik, learned counsel for the claimant.

Mr. Mishra, 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,

the Commissioner is directed to disburse the reduced

consolidated amount of Rs.11,50,000/- (Rupees Eleven lakh

fifty thousand only) with proportionate accrued interest

thereon in favour of the claimant(s) within a period of two

Designation: Personal Assistant

Location: High Court of Orissa Date: 07-Aug-2025 17:27:24 proportionate accrued interest thereon shall be refunded

to the Insurer-Appellant. However, the penalty and penal

interest @ 12% as directed by the Commissioner is waived.

7. This Appeal is, accordingly, disposed of.

(Dr. S.K. Panigrahi) Judge Ayaskanta

Designation: Personal Assistant

Location: High Court of Orissa Date: 07-Aug-2025 17:27:24