National Insurance Company Ltd vs Kalandi Charan Patra And Another
2025 Latest Caselaw 1001 Ori

Orissa High Court

National Insurance Company Ltd vs Kalandi Charan Patra And Another on 8 July, 2025

Author: B. P. Routray

Bench: B. P. Routray

Signature Not Verified
Digitally Signed
Signed by: MANAS KUMAR PANDA
Designation: Personal Assistant
Reason: Authentication
Location: OHC, Cuttack
Date: 08-Jul-2025 19:04:34




                                   IN THE HIGH COURT OF ORISSA AT CUTTACK
                                             FAO No.185 of 2025
                            National Insurance Company Ltd.,
                            represented through its Officer-in-
                            Charge, Orissa Legal Cell, Cuttack        ....          Appellant
                                                                     Mr. J.R. Deo, Advocate
                                                     -versus-
                            Kalandi Charan Patra and Another       ....       Respondents
                                             Mr. D. Patnaik, counsel for Respondent No.1

                                       CORAM:
                                       SHRI JUSTICE B. P. ROUTRAY
                                                      ORDER

8.7.2025 Order No.

01. 1. Heard Mr. J.R. Deo, learned counsel for the insurer -

Appellant and Mr. D. Patnaik, learned counsel for claimant - Respondent No.1.

2. Present appeal by the insurer is directed against the judgment and award dated 17th January, 2025 passed in E.C. Case No.54-J- 2020 by the Commissioner for Employee's Compensation-cum- Joint Labour Commissioner, Cuttack, wherein compensation to the tune of Rs.23,10,917/- (including interest) has been granted to the claimant-Respondent No.1 on account of injuries sustained by him in course of and arising out of his employment as a driver in Truck bearing Regd. No.OR-05-X-5271 belonging to Respondent No.2.

3. Mr. Deo, learned counsel for the Appellant-insurer submits that, the injured has renewed his driving license after the accident and thus prays to reduce the compensation amount accordingly.

Designation: Personal Assistant

4. It is seen that the learned Commissioner by assessing disability of Respondent No.1-claimant as permanent to the extent of loss of earning capacity up-to 100% has assessed the compensation amount at Rs.23,10,917/-.

5. The copy of the renewed driving license of the claimant has been produced by way of additional evidence in I.A. No.420 of 2025. The same is taken on record. It is seen from the copy of the driving license that the same was renewed w.e.f. 15th July, 2022 in respect of transport vehicle.

6. Considering all such factors as submitted on behalf of the Appellant including the fact that the driving license of the injured

- Respondent has been renewed after the accident, a consolidated sum of Rs.5,00,000/- is proposed to the parties. This is agreed by Mr. Pattanaik, learned counsel for the claimant - Respondent and Mr. Deo, learned counsel for the insurer leaves it to the discretion of the court. Accordingly the compensation amount is fixed to said extent.

7. Since the entire compensation amount has already been deposited before learned Commissioner, out of the same a consolidated sum of Rs.5,00,000/- (five lakhs) along with accrued interest thereof be disbursed in favour of the claimants within a period of two months from today. The rest amount along with proportionate accrued interest be refunded to the insurer - Appellant. The penalty and penal interest is waived.

Designation: Personal Assistant

8. With aforesaid modification of the award, the FAO is disposed of.

9. An urgent certified copy of this order be issued as per rules.

( B.P. Routray) Judge M.K.Panda