The Divisional Manager vs Banshi Pradhan & Others
2025 Latest Caselaw 1079 Ori

Orissa High Court

The Divisional Manager vs Banshi Pradhan & Others on 10 July, 2025

Author: B. P. Routray

Bench: B. P. Routray

Signature Not Verified
Digitally Signed
Signed by: CHITTA RANJAN BISWAL
Designation: A.R.-Cum-Sr.Secretary
Reason: Authentication
Location: Orissa High Court, Cutttack
Date: 10-Jul-2025 18:29:15
                                                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                                                               FAO No.271 of 2025

                                        The Divisional Manager,
                                        M/s. Oriental Insurance Co. Ltd,
                                        Ganjam                                     ....         Appellant
                                                                                  Mr.M.Sinha, Advocate

                                                                      -versus-

                                        Banshi Pradhan & others                      ....       Respondents
                                                      Mr.P.K.Mishra, Advocate for Respondent No.1 & 2

                                                    CORAM:
                                                    JUSTICE B. P. ROUTRAY


                                                                   ORDER

10.7.2025

4. 1. Heard Mr.Sinha, learned counsel for the Insurer-

Appellant and Mr.Mishra, learned Advocate for claimant- Respondents No.1 & 2.

2. Upon hearing both parties and considering the grounds mentioned in the petition, delay in filing the appeal is condoned.

3. The I.A. is disposed of.

4. Present appeal by the Insurer is directed against the impugned judgment/award dated 6th January 2025 passed by the Commissioner for Employee's Compensation-Cum-Divisional Labour Commissioner, Berhampur, Ganjam, in E.C. Case No.23 of 2017, wherein compensation to the tune of Rs.18,90,560/- has been granted on account of death of the deceased in course of his

Signed by: CHITTA RANJAN BISWAL Designation: A.R.-Cum-Sr.Secretary Reason: Authentication Location: Orissa High Court, Cutttack Date: 10-Jul-2025 18:29:15 employment as helper-cum-cleaner in a Bolero Pickup bearing Registration No.OD-07G-2034.

5. Having heard both parties and considering all such grounds of challenge advanced, a reduced compensation of Rs.14,00,000/- consolidated is proposed to the parties in course of hearing. The same is agreed by Mr.Mishra, learned counsel for claimant-Respondents No.1 & 2. Mr.Sinha, learned counsel for the Insurer leaves it to the discretion of the Court. Accordingly, the amount is reduced to said extent.

6. Since entire award amount has been deposited before the Commissioner for Employee's Compensation-Cum- Divisional Labour Commissioner, Berhampur, Ganjam, the Commissioner is directed to disburse the modified consolidated amount of Rs.14,00,000/- (Fourteen lakhs) with proportionate accrued interest thereof in favour of the claimants within a period of two months from today. The balance amount with proportionate accrued interest thereof shall be refunded to the Insurer-Appellant. The penalty and penal interest as directed by learned Commissioner is waived.

7. The appeal is accordingly disposed of.

8. Urgent certified copy of this order be granted on proper application.

( B.P. Routray) Judge C.R.Biswal