Orissa High Court
Manager Legal vs ) Pradeep Biswal on 21 August, 2025
Author: Sanjeeb K. Panigrahi
Bench: Sanjeeb K. Panigrahi
IN THE HIGH COURT OF ORISSA AT CUTTACK
FAO No.378 of 2025
Manager Legal, Chola Ms ..... Appellant
General Insurance Co.ltd., Bbsr
Represented By Adv. -
Girija Prasad Dutta
-versus-
1) Pradeep Biswal ..... Respondents
2) Sulochan Ghadei Represented By Adv. -
Karunakar Das
CORAM:
DR. JUSTICE SANJEEB K. PANIGRAHI
ORDER
21.08.2025
Order No.
01. 1. This matter is taken up through hybrid arrangement.
2. Heard Mr. Dutta, learned counsel for the Appellant and Mr.
Das, learned counsel for the Respondents.
3. Present appeal by the Insurer is directed against impugned
judgment/award dated 21st June, 2025 passed by the
Commissioner for Employee's Compensation-Cum-Joint
Labour Commissioner, Hqrs, in E.C. Case No.21 of 2024,
wherein compensation to the tune of Rs.17, 29, 917/- has been
granted on account of injuries sustained by the claimant in
course of his employment as a labour of the Tractor bearing
registration No.OD-04-J-0381.
Signed by: LITARAM MURMU Page 1 of 3.
Designation: Personal Assistant
Reason: Authentication
Location: OHC
Date: 21-Aug-2025 18:37:17
4. Mr. Dutta, learned counsel for the Appellant though
vehemently disputes the liability on the ground that no
premium has been paid to applicant. But in view of the
Judgment reported in 2009(2) OLR 982 and the Tractor being a
goods vehicle such contention is rejected. Further he also
dispute the disability and income of the injured and the non-
registration of FIR in connection with the accident, but in
absence of any evidence adduced from the side of the insurer
on income and disability and keeping in view the admission
of owner, said contention are rejected.
5. Having heard both parties and considering all such
grounds of challenge advanced, a reduced compensation of
Rs.14,00,000/- consolidated is proposed to the parties in
course of hearing. The same is agreed by Mr. Das, 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, Hqrs, the Commissioner is directed to
disburse the reduced consolidated amount of Rs.14,00,000/-
(Rupees fourteen lakhs) with proportionate accrued interest
thereof in favour of the claimant within a period of two
months from today. The balance amount with proportionate
Signed by: LITARAM MURMU Page 2 of 3.
Designation: Personal Assistant
Reason: Authentication
Location: OHC
Date: 21-Aug-2025 18:37:17
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
Signed by: LITARAM MURMU Page 3 of 3.
Designation: Personal Assistant
Reason: Authentication
Location: OHC
Date: 21-Aug-2025 18:37:17
