M/S. Magma Hdi General vs Jharana Nayak & Anr. .... Opposite ...
2025 Latest Caselaw 3512 Ori

Orissa High Court

M/S. Magma Hdi General vs Jharana Nayak & Anr. .... Opposite ... on 14 August, 2025

Author: Sanjeeb K. Panigrahi

Bench: Sanjeeb K. Panigrahi

                                              IN THE HIGH COURT OF ORISSA AT CUTTACK
                                                            FAO No.369 of 2025
                                            M/s. Magma HDI General ....                      Appellant
                                            Insurance Company Ltd.
                                                                            Mr. G. P. Dutta, Advocate
                                                                   -versus-
                                            Jharana Nayak & Anr.        ....         Opposite Parties
                                                                                Mr. Debasish Patnaik,
                                                                                                Adv.

                                                     CORAM:
                                                     DR. JUSTICE SANJEEB K. PANIGRAHI

                                    Order                               ORDER
                                    No.                                14.08.2025

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

                                            2.     Heard Mr.Dutta, learned counsel for the Appellant

                                            and Mr.Pattnaik, learned counsel for the Respondents.

3. Present appeal by the Insurer is directed against

impugned judgment/award dated 7th May, 2025 passed by

the Commissioner for Employee's Compensation-Cum-Joint

Labour Commissioner, Cuttack in E.C. Case No.112 of 2023,

wherein compensation to the tune of Rs.25,17,672/- has been

granted on account of death of the deceased in course of his

employment as a driver of the Truck bearing registration

No.OD-05-E-5103.

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

vehemently disputes the employment, death and income of

the deceased, but in absence of any evidence adduced from

Location: HIGH COURT OF ORISSA, CUTTACK

5. Having heard both parties and considering all such

grounds of challenge advanced, a reduced compensation of

Rs.22,00,000/- (consolidated) is proposed to the parties in

course of hearing. The same is agreed by Mr.Pattnaik,

learned counsel for the claimant. Mr.Dutta, learned counsel

for the Insurer leaves it to the direction of the Court.

Accordingly, the amount is reduced to the said extent.

6. Since the entire award amount has been deposited before

the Commissioner for Employee's Compensation-Cum-Joint

Labour Commissioner, Cuttack, the Commissioner is

directed to disburse the reduced consolidated amount of

Rs.22,00,000/- (Rupees Twenty Two Lakh only) with

proportionate accrued interest thereof in favour of the

claimants within a period of two months from today. The

balance amount with proportionate accrued interest thereof

shall be refunded to the InsurerAppellant. However, penalty

& penal interest @ 12% as directed by the Commissioner is

waived.

7. The Appeal is accordingly disposed of.

(Dr. Sanjeeb K. Panigrahi) Judge

Gitanjali

Location: HIGH COURT OF ORISSA, CUTTACK