Orissa High Court
The Manager Legal (Claim) vs Kishore Sahoo & Anr on 18 August, 2025
Author: Sanjeeb K. Panigrahi
Bench: Sanjeeb K. Panigrahi
IN THE HIGH COURT OF ORISSA AT CUTTACK
FAO No. 262 of 2025
The Manager Legal (Claim)
M/s Oriental Insurance Co. Ltd. ........ Appellant(s)
Mr. Somnath Roy, Adv.
-Versus-
Kishore Sahoo & Anr. .......... Respondent(s)
Mr. Debasish Patnaik, Adv.
for R-1
Mr. Soumendra Mohanty, Adv.
for R-2
CORAM:
DR. JUSTICE SANJEEB K. PANIGRAHI
ORDER
18.08.2025
02. 1. This matter is taken up through hybrid arrangement.
2. This application has been filed for condoning the delay of 87
days in preferring the Appeal.
3. Heard.
4. Considering the submissions and on going through the
averments made in this I.A., prayer is allowed. Delay in preferring
the Appeal is, hereby, condoned.
5. I.A. is disposed of.
1. Heard Mr. Roy, learned counsel for the Appellant and Mr.
Patnaik, learned counsel for the Respondent No.1.
Designation: Personal Assistant
2. Present Appeal by the Insurer is directed against impugned
judgment/award dated 28th November, 2024 passed by the
Commissioner for Employee's Compensation-Cum-Joint Labour
Commissioner, Cuttack in E.C. Case No.205 of 2023, wherein
compensation to the tune of Rs.12,09,963/- has been granted on
account of injuries sustained by the claimant in course of his
employment as a driver of the TATA Ace bearing registration No.
OR-03-G-3815.
3. Mr. Roy, learned counsel for the Appellant though vehemently
disputes the liability and income of the injured, and so also
contended that insurance policy was continuing for last 10 years in
the name of a dead person and was not transferred in the name of
Respondent No.2. Learned counsel for the Respondent No.2
submits that the learned Commissioner after taking into account of
this aspect has added his wife as a party to the proceedings.
Further, 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.8,40,000/-
consolidated is proposed to the parties in course of hearing. The
same is agreed by Mr. Patnaik, learned counsel for the claimant.
Mr. Roy, learned counsel for the Insurer leaves it to the direction of
the Court. Accordingly, the amount is reduced to said extent.
Designation: Personal Assistant
5. 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. 8,40,000/- (Rupees eight
lakhs forty thousand) 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 and penal interest as directed by the Commissioner is
waived.
6. The Appeal is accordingly disposed of.
7. Issue urgent certified copy as per rules.
( Dr. Sanjeeb K. Panigrahi)
Judge
Murmu
Designation: Personal Assistant
