The Divisional Manager vs Banita Swain & Ors
2025 Latest Caselaw 5577 Ori

Orissa High Court

The Divisional Manager vs Banita Swain & Ors on 18 August, 2025

Author: Sanjeeb K. Panigrahi

Bench: Sanjeeb K. Panigrahi

          IN THE HIGH COURT OF ORISSA AT CUTTACK
                    F.A.O. No.99 of 2025

        The Divisional Manager, M/s.   ....               Appellant(s)
        United India Insurance Company
        Ltd.
                                                 Represented By Adv.
                                                Mr. Jayasankar Mishra

                                -versus-

        Banita Swain & Ors.                ....        Respondent(s)
                                               Represented By Adv.
                                           Mr. Sarat Chandra Swain
                CORAM:
                DR. JUSTICE SANJEEB K. PANIGRAHI

                               ORDER

Order                         18.08.2025
No.

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

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

and Mr. Swain, learned counsel for the Respondents.

3. Present Appeal by the Insurer is directed against

impugned judgment/award dated 30.11.2024 passed by

the commissioner for Employee's Compensation Cum-

Divisional Labour commissioner, Dhenkanal. In E.C.

Case No. 15/2021, wherein compensation to the tune of

Rs.14,41,050/- along with 12% interest from the incident

i.e. 28.02.2021 has been granted on account death of the

// 2 //

Driver namely Dhaneswar Swain @ Dhania in course of

his employment as a Driver of the Car bearing

registration No. OD-02-BM-6413.

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

vehemently disputes the employment, Cause of death

and income of the deceased, but in absence of 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 consolidated

compensation amount of Rs.15,00,000/- is proposed to the

parties in course of hearing. The same is agreed by Mr.

Swain learned counsel for the claimant/ Respondents. Mr.

Mishra, learned counsel for the Insurer leaves it to the

direction of the Court, Accordingly, the amount is settled

to said extent.

6. Since the entire award amount has been deposited

before the Commissioner for Employee's Compensation

Cum-Divisional Labour Commissioner, Dhenkanal the

Commissioner is directed to disburse the consolidated

amount of Rs.15,00,000/- (Rupees Fifteen Lakhs only)

with proportionate accrued interest thereof in favour of

the claimant within a period of two months from today.

// 3 //

The balance amount with proportionate accrued interest

thereof shall be refunded to the Insurer- Appellant.

However, penalty and penal interest @ 12% as directed by

the commissioner is waived.

7. The Appeal is accordingly disposed of.

8. Interim order, if any, passed earlier stands vacated.

9. Issue urgent certified copy as per rules.

(Dr. Sanjeeb K. Panigrahi) Judge Sumitra

Location: High Court of Orissa, Cuttack