Divisional Manager vs Sunita Bisoi & Ors
2025 Latest Caselaw 2386 Ori

Orissa High Court

Divisional Manager vs Sunita Bisoi & Ors on 4 August, 2025

Author: S.K. Panigrahi

Bench: S.K. Panigrahi

              IN THE HIGH COURT OF ORISSA AT CUTTACK
                                  FAO No.329 of 2025

            Divisional Manager, Oriental Insurance
            Co. Ltd., Angul                        ........   Appellant(s)
                                                Mrs. Rimjhimbala Pati, Adv.

                                         -versus-

            Sunita Bisoi & Ors.                       ........ Respondent(s)
                                               Mr. Pradeep Kumar Mishra, Adv.

                       CORAM:
                       DR. JUSTICE S.K. PANIGRAHI

                                   ORDER

04.08.2025

Order No.

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

2. Heard Mrs. Pati, learned counsel for the Appellant and Mr.

Mishra, learned counsel for the Respondents.

2. Present appeal by the Insurer is directed against impugned

judgment/award dated 27th May, 2025 passed by the

Commissioner for Employee's Compensation-Cum-Divisional

Labour Commissioner, Angul in E.C. Case No.11 of 2024,

wherein compensation to the tune of Rs. 16,66,110/- has been

granted on account of death sustained by the claimant in course

of his employment as a helper of the Bus bearing registration

No.OD-19-R-5458.

3. Mrs. Pati, learned counsel for the Appellant though

vehemently disputes the age and income of the deceased, but in

absence of any evidence adduced from the side of the insurer,

said contention is rejected.

4. Having heard both parties and considering all such grounds

of challenge advanced, a reduced compensation of

Rs.14,50,000/- consolidated is proposed to the parties in course

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

for the claimants. Mrs.Pati, learned counsel for the Appellant

leaves it to the discretion of the Court. Accordingly, the amount

is reduced to said extent.

5. Since the entire award amount has been deposited before the

Commissioner for Employee's Compensation-Cum-Divisional

Labour Commissioner, Angul, the Commissioner is directed to

disburse the reduced consolidated amount of Rs. 14,50,000/-

(Rupees Fourteen Lakh Fifty Thousand Only) with

proportionate accrued interest thereof in favour of the claimant

within a period of two months from today. The balance amount

with proportionate accrued interest thereof shall be refunded to

the Insurer-Appellant. However, penalty & penal interest @ 12%

as directed by the Commissioner is waived.

6. The Appeal is accordingly disposed of.

7. Urgent certified copy of this order be granted on proper

application.

(Dr. S.K. Panigrahi) Judge Sumitra

Location: High Court of Orissa, Cuttack