The Manager vs Chhabindra Roul & Anr
2025 Latest Caselaw 11086 Ori

Orissa High Court

The Manager vs Chhabindra Roul & Anr on 11 December, 2025

Author: Sanjeeb K Panigrahi

Bench: Sanjeeb K Panigrahi

                       IN THE HIGH COURT OF ORISSA AT CUTTACK
                                     FAO No.535 of 2025

                    The Manager, Claims (Legal), M/s. Cholamandalam
                    Ms General Insurance Company Ltd.      ........       Appellant(s)
                                                       Mr. Girija Prasad Dutta, Adv.

                                                    -versus-

                    Chhabindra Roul & Anr.          ........              Respondent(s)
                                                               Mr. Debasish Patnaik, Adv.

                                 CORAM:
                                 DR. JUSTICE SANJEEB K PANIGRAHI

                                            ORDER

11.12.2025 I.A. No.1079 of 2025 Order No.

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

2. This application has been filed for condoning the delay of 1

day in preferring the Appeal.

3. Heard.

4. Considering the submissions and on going through the

averments made in this I.A., prayer is allowed. Delay in

preferring the Appeal is, hereby, condoned.

5. I.A. is disposed of.

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

Signed by: GITANJALI NAYAKPatnaik, learned counsel for the Respondents.

2. Present appeal by the Insurer is directed against impugned

judgment/award dated 11th September, 2025 passed by the

Commissioner for Employee's Compensation-Cum-Divisional

Labour Commissioner, Cuttack in E.C. Case No.282 of 2024,

wherein compensation to the tune of Rs. 15,80,603/- has been

granted on account of injuries sustained by the claimant in

course of his employment as a driver of the Tipper bearing

registration No.OD-09-K-8685.

3. 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 such contention is

rejected. Further he also disputes the non-registration of F.I.R.

disability and income of the injured, 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 is rejected.

4. Having heard both parties and considering all such grounds

of challenge advanced, a reduced compensation of Rs.9,00,000/-

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

same is agreed by Mr. Pattnaik, 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.

5. 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.9,00,000/-

(Rupees Nine Lakh Only) 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.

6. The Appeal is accordingly disposed of.

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

application.

( Dr. Sanjeeb K Panigrahi) Judge

Gitanjali