Assistant Manager vs Ranju Ojha & Ors
2025 Latest Caselaw 6438 Ori

Orissa High Court

Assistant Manager vs Ranju Ojha & Ors on 25 August, 2025

Author: Sanjeeb K. Panigrahi

Bench: Sanjeeb K. Panigrahi

                                    IN THE HIGH COURT OF ORISSA AT CUTTACK
                                                     FAO No. 379 of 2025

                             Assistant Manager,
                             Legal, M/S. Cholamandalam
                             MS General Insurance Ltd., Khurda       ........     Appellant(s)
                                                                    Mr. Girija Prasad Dutta, Adv.
                                                      -Versus-
                             Ranju Ojha & Ors.                       ........      Respondent(s)
                                                                      Mr. Biplaba Patnaik, Adv.
                                           CORAM:
                                           DR. JUSTICE SANJEEB K. PANIGRAHI
                                                      ORDER

25.08.2025 Order No.

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

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

Pattnayak, learned counsel for the Respondents.

3. Present appeal by the Insurer is directed against impugned

judgment/award dated 20th June, 2025 passed by the Commissioner

for Employee's Compensation-cum-Divisional Labour

Commissioner, Cuttack in E.C. Case No.31-D of 2018, wherein

compensation to the tune of Rs.15, 50, 846/- has been granted on

account of death of the deceased in course of his employment as a

helper of the Truck bearing registration No.OR-05-2661.

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

disputes the liability on the ground that no premium has been paid

reported in 2009(2) OLR 982 and the Truck being a goods vehicle

such contention is rejected. Further he also dispute the income and

avocation of the deceased 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 avocation 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.10,50,000/-

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

same is agreed by Mr. Pattnayak, learned counsel for the claimants.

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-Divisional

Labour Commissioner, Cuttack, the Commissioner is directed to

disburse the reduced consolidated amount of Rs.10,50,000/-(Rupees

ten 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