The Divisional Manager vs Seshadev Mohapatra & Anr
2025 Latest Caselaw 5700 Ori

Orissa High Court

The Divisional Manager vs Seshadev Mohapatra & Anr on 21 August, 2025

Author: Sanjeeb K. Panigrahi

Bench: Sanjeeb K. Panigrahi

          IN THE HIGH COURT OF ORISSA AT CUTTACK
                    F.A.O. No.22 of 2025

        The Divisional Manager, M/s.         ....         Appellant(s)
        Reliance General Insurance Co.
        Ltd., Bhubaneswar
                                                  Represented By Adv.
                                                  Mr. Subrat Satpathy
                                 -versus-

        Seshadev Mohapatra & Anr.           ....      Respondent(s)
                                               Represented By Adv.
                                         Mr. Pradeep Kumar Mishra
                  CORAM:
                  DR. JUSTICE SANJEEB K. PANIGRAHI

                                ORDER

Order                          21.08.2025
No.

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

2. Heard Mr. Satpathy, 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 18th July, 2024 passed

by the commissioner for Employee's Compensation Cum-

Divisional Labour commissioner, Angul in E.C. Case No.

4/2022, wherein compensation to the tune of

Rs.20,74,534/- along with 12% interest from the incident

i.e. 18.07.2024 has been granted on account of death of the

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deceased namely Debasis Mohapatra in course of his

employment as a Junior Engineer under M/s. ECE

Industries Ltd.

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

vehemently disputes the 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.16,00,000/- is proposed to the

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

Mishra learned counsel for the claimant/ Respondents.

Mr. Satpathy, 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, Angul the

Commissioner is directed to disburse the reduced

consolidated amount of Rs.16,00,000/- (Rupees Sixteen

Lakhs only) with proportionate accrued interest thereof

in favour of the claimant within a period of two months

from today. The balance amount with proportionate

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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