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Orissa High Court
The Manager vs Zakir Saha & Anr on 17 December, 2025
Author: Sanjeeb K Panigrahi
Bench: Sanjeeb K Panigrahi
IN THE HIGH COURT OF ORISSA AT CUTTACK
FAO No.507 of 2025
The Manager,
New India Assurance Co. Ltd. ........ Appellant(s)
Mr. P.K. Mahali, Adv.
-Versus-
Zakir Saha & Anr. ....... Respondent(s)
Mr. Debasish Patnaik, Adv.
CORAM:
DR. JUSTICE SANJEEB K PANIGRAHI
ORDER
17.12.2025
I.A. No.1029 of 2025
Order No.
1. This matter is taken up through hybrid arrangement.
2. Mr. Debasish Patnaik, learned counsel entered appearance on
behalf of the Respondents and files Vakalatnama in Court
today. The same be kept on record.
3. This I.A. is filed seeking one month time to file the receipt
showing deposit of the awarded amount before the learned
Commissioner.
4. Heard.
5. It appears that the receipt showing deposit of the awarded
amount has been filed by the Appellant. Hence, this I.A. has
rendered infructuous.
7. The present appeal at the instance of the Insurance Company is
directed against the judgment/award dated 30.10.2025 passed
by the learned Commissioner for Employees' Compensation-
cum-Divisional Labour Commissioner, Jagatsinghpur in E.C.
Case No.29/2022, wherein compensation to the tune of
Rs.29,85,669/- has been granted on account of injuries sustained
by the claimant-Respondent No.1 during course of his
employment as a Driver of the Auto bearing registration
No.OD-22-F-9419.
8. Heard learned counsel for the respective Parties.
9. Learned counsel for the Appellant though vehemently disputes
the disability and income of the injured, took a specific ground
that the injured driver had sustained 50% disability and loss of
earning capacity as 90% which is assessed by the treating doctor
is not correct as the medical board Bhadrak issued disability
certificate showing 60% temporary in nature and the same is
likely improve. Hence, the learned Commissioner should not
have accepted the disability aspect and loss of earning capacity
as assessed by the concerned Doctor. He further contends that
as per the disability certificate issued by the C.D.M.O, Bhadrak
the injured-driver had sustained 60% temporary disability. The
said fact was suppressed by the claimant-Respondent No.1. The
disability certificate and it's related documents filed by the
Appellant in I.A. No.1042 of 2025 are accepted by the counsel
for the Respondent No.1. The submission regarding the
disability and loss of earning capacity is reduced and the same
is accepted by the learned counsel for the Respondent No.1.
10.Having heard both the parties and considering the grounds of
challenge, this Court finds that a reduced compensation of
Rs.5,00,000/- (Rupees five lakhs only) is proposed to the parties
in course of hearing. The same is also agreed by Mr. Debasish
Patnaik, learned counsel for the Claimant-Respondent No.1.
Learned counsel for the Insurer leaves it to the discretion of this
Court. Accordingly, the amount is reduced to the said extent.
11.Since the entire awarded amount has been deposited before the
learned Commissioner for Employee's Compensation-cum-
Divisional Labour Commissioner, Jagatsinghpur in the above
noted E.C. Case, this Court directs the learned Commissioner to
disburse the reduced consolidated amount of Rs.5,00,000/-
(Rupees Five lakhs only) with proportionate accrued interest
thereon in favour of the claimant(s) within a period of two
months from today. The balance amount of Rs.24,85,669/- with
proportionate accrued interest thereon shall be refunded to the
Appellant/Insurance Company. However, the penalty 50% and
penal interest @ 12% as directed by the learned Commissioner is
waived.
12.This FAO is, accordingly, disposed of.
I.A. Nos.1093 & 1042 of 2025
13.In view of the order passed today in FAO No.507 of 2025, both
these I.As are disposed of.
( Dr. Sanjeeb K Panigrahi)
Judge
Murmu
