The Manager vs Tapan Kumar Nayak & Anr
2025 Latest Caselaw 2476 Ori

Orissa High Court

The Manager vs Tapan Kumar Nayak & Anr on 6 August, 2025

Author: S.K. Panigrahi

Bench: S.K. Panigrahi

                                                                          Signature Not Verified
                                                                          Digitally Signed
                                                                          Signed by: BHABAGRAHI JHANKAR
                                                                          Reason: Authentication
                                                                          Location: ORISSA HIGH COURT, CUTTACK
                                                                          Date: 06-Aug-2025 17:42:35




                  IN THE HIGH COURT OF ORISSA AT CUTTACK

                                       FAO No.309 of 2025

              The Manager, Legal, M/s.             ....                Appellant (s)
              Cholamandalam MS General
              Insurance Company Limited,
              Bhubaneswar
                                                         M/s. Adam Ali Khan, Adv.

                                              -versus-

              Tapan Kumar Nayak & Anr.             ....               Respondent (s)

Mr. Debasish Patnaik, Adv.

(for Res. No.1)

CORAM:

DR.JUSTICE S.K. PANIGRAHI

Order No. ORDER

02. 06.08.2025

1. This matter is taken up through hybrid arrangement.

2. Heard Mr. Khan, learned counsel for the Insurer - Appellant

and Mr. D. Patnaik, learned counsel for the claimant -

Respondent No.1.

3. Present appeal by the insurer is directed against the judgment

and award dated 14.05.2025 passed in E.C. Case No.484-D of

2016 by the Commissioner for Employee's Compensation-cum-

Divisional Labour Commissioner, Cuttack, wherein

compensation to the tune of Rs.14,74,314/- (including

interest) has been granted to the claimant-Respondent No.1

Location: ORISSA HIGH COURT, CUTTACK

on account of injuries sustained by him in course of and arising

out of his employment as a Driver in Truck bearing Regd.

No.OR-01-5675 belonging to Respondent No.2.

4. Learned counsel for the Appellant- insurer submits that in this

case no police case has been registered and the injured has

renewed his driving license after the accident. Hence, the

Respondent No.1 is not entitled to get any compensation

amount.

5. It is seen that the learned Commissioner by assessing

disability of Respondent No.1-claimant as permanent to the

extent of loss of earning capacity up-to 75% has assessed the

compensation amount at Rs.14,74,314/-.

6. Considering all such factors as submitted on behalf of the

Appellant including the fact that the driving license of the

injured - Respondent No.1 has been renewed after the

accident, a consolidated sum of Rs.5,00,000/- is proposed to

the parties. This is agreed by learned counsel for the

claimant - Respondent No.1 and learned counsel for the

insurer- Appellant leaves it to the discretion of the Court.

Accordingly, the compensation amount is fixed to the said

extent.

7. Since the entire compensation amount has already been

deposited before the learned Commissioner, out of the same

a consolidated sum of Rs.5,00,000/- (Rupees five lakhs)

Location: ORISSA HIGH COURT, CUTTACK

along with accrued interest thereof be disbursed in favour of

the claimant within a period of two months from today. The

rest amount along with proportionate accrued interest be

refunded to the insurer - Appellant. However, the penalty and

penal interest is waived.

8. With aforesaid modification of the impugned award, the FAO

is disposed of.

9. Urgent certified copy of this order be issued on proper

application as per rules.

(Dr. S.K. Panigrahi) Judge B. Jhankar