Legal Manager vs Jataka Pradhan & Anr
2025 Latest Caselaw 11329 Ori

Orissa High Court

Legal Manager vs Jataka Pradhan & Anr on 15 December, 2025

Author: Sanjeeb K Panigrahi

Bench: Sanjeeb K Panigrahi

                                IN THE HIGH COURT OF ORISSA AT CUTTACK
                                                     FAO No. 523 of 2025

                             Legal Manager, Chola MS
                             General Insurance Company Ltd.               ........    Appellant(s)
                                                                               Mr. G.P. Dutta, Adv.
                                                         -Versus-
                             Jataka Pradhan & Anr.                       ....... Respondent(s)
                                                                         Mr. Debasish Patnaik, Adv.

                                      CORAM:
                                      DR. JUSTICE SANJEEB K PANIGRAHI
                                                     ORDER

15.12.2025

Order No. I.A. No.1064 of 2025

01.

1. This matter is taken up through hybrid arrangement.

2. This application has been filed for condoning the delay 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. The I.A. is, accordingly, disposed of.

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

Pattnaik, learned counsel for the Respondents.

7. Present appeal by the Insurer is directed against impugned

judgment/award dated 22nd August, 2025 passed by the

Commissioner for Employee's Compensation-Cum-Divisional

Labour Commissioner, Jajpur in E.C. Case No.19 of 2018, wherein

compensation to the tune of Rs. 13,16,410/- 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-09-P-6417.

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

disputes the liability on the ground of nonreceipt of the premium

in order to cover the risk of applicant and the injury sustained for

non registration of FIR and income, but in absence of any

evidence adduced from the side of the insurer and keeping in

view of the decision reported in 2009(II) OLR 982 and 2013(II)

OLR-359 as well as evidence of witnesses and admission of

owner, said contentions are rejected.

9. Having heard both parties and considering all such grounds of

challenge advanced, a reduced compensation of Rs.8,50,000/- is

proposed to the parties in course of hearing. The same is agreed

by Mr. Pattnaik, learned counsel for the claimants. Mr.Dutta,

learned counsel for the Insurer leaves it to the direction of the

Court. Accordingly, the amount is reduced to the said extent.

10.Since the entire award amount has been deposited before the

Commissioner for Employee's Compensation-Cum-Divisional

Labour Commissioner, Jajpur, the Commissioner is directed to

disburse the reduced consolidated amount of Rs.8,50,000/-

(Rupees eight lakhs fifty 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.

11.The Appeal is accordingly disposed of.

( Dr. Sanjeeb K Panigrahi) Judge

Murmu