Manager (Legal) vs Mrutyunjaya Nayak & Anr
2025 Latest Caselaw 5554 Ori

Orissa High Court

Manager (Legal) vs Mrutyunjaya Nayak & Anr on 18 August, 2025

Author: Sanjeeb K. Panigrahi

Bench: Sanjeeb K. Panigrahi

                                        IN THE HIGH COURT OF ORISSA AT CUTTACK
                                                           FAO No. 124 of 2025
                                    Manager (Legal),
                                    M/s. Reliance General Insurance
                                    Co. Ltdd.                                 ........      Appellant(s)
                                                                                       Mr. G.P. Dutta, Adv.
                                                            -Versus-
                                    Mrutyunjaya Nayak & Anr.                .......... Respondent(s)
                                                                           Mr. Pradeep Ku. Mishra, Adv.

                                               CORAM:
                                               DR. JUSTICE SANJEEB K. PANIGRAHI
                                                            ORDER

18.08.2025

Order No.

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

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

Mishra, learned counsel for the Respondents.

3. Present appeal by the Insurer is directed against impugned

judgment/award dated 18th July, 2024 passed by the Commissioner

for Employee's Compensation-Cum-Joint Labour Commissioner,

Cuttack in E.C. Case No.115-D of 2008, wherein compensation to

the tune of Rs. 9,46,926/- has been granted on account of injuries

sustained by the claimant in course of his employment as a helper

of the Truck bearing registration No.OR-05-F-7245.

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

disputes the disability and income of the injured, but in absence of

Designation: Personal Assistant

any evidence adduced from the side of the insurer, said contention

is rejected.

5. Having heard both parties and considering all such grounds of

challenge advanced, a reduced compensation of Rs.7,50,000/-

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

same is agreed by Mr. Mishra, learned counsel for the claimant.

Mr. Dutta, learned counsel for the Insurer leaves it to the discretion

of the Court. Accordingly, the amount is reduced to 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. 7,50,000/-(Seven lakhs fifty

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 & penal

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

7. The Appeal is accordingly disposed of.

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

application.

( Dr. Sanjeeb K. Panigrahi) Judge Murmu

Designation: Personal Assistant