The Senior Manager vs Prasanta Kumar Behera &
2025 Latest Caselaw 1227 Ori

Orissa High Court

The Senior Manager vs Prasanta Kumar Behera & on 14 July, 2025

Author: S. K. Panigrahi

Bench: S. K. Panigrahi

          IN THE HIGH COURT OF ORISSA AT CUTTACK
                          FAO No.291 of 2025
      The Senior Manager, Claims, .....                    Appellants
      M/s.Reliance General                             Mr. G. P. Dutta,
      InsuranceCompany Limited,                             Advocate
      Unit-III,
                              -versus-
      Prasanta Kumar Behera &        .....            Respondents

      Anr.                                       Mr. Karunakar Das,
                                                          Advocate

                                  CORAM:

            THE HON'BLE DR. JUSTICE S. K. PANIGRAHI


  Order                              ORDER
                                    14.07.2025
  No.
                               I.A. No.495 of 2025
01.       1.      This   matter is taken up through             hybrid

          arrangement.

2. This application has been filed for condoning the

delay of 04 days 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.

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

and Mr.Das, learned counsel for the Respondents.

7. Present appeal by the Insurer is directed against

impugned judgment/award dated 3rd March, 2025 passed

by the Commissioner for Employee's Compensation-

Cum-Joint Labour Commissioner, HQRS in E.C. Case

No.12 of 2024, wherein compensation to the tune of Rs.

13,64,832/- has been granted on account of injuries

sustained by the claimant in course of his employment as

a helper of the Truck bearing registration No.OD-05-AD-

3525.

8. Mr. Dutta, learned counsel for the Appellant

though vehemently disputes the disability and income of

the injured, but in absence of any evidence adduced from

the side of the insurer, said contention is rejected.

9. Having heard both parties and considering all

such grounds of challenge advanced, a reduced

compensation of Rs.10,50,000/- consolidated is proposed

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

Mr.Das, learned counsel for the claimant. 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-Joint Labour Commissioner, HQRS, the

Commissioner is directed to disburse the reduced

consolidated amount of Rs.10,50,000/- (Rupees Ten Lakh

Fifty Thousand) 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.

12. Urgent certified copy of this order be granted on

proper application

(Dr. S.K. Panigrahi) Judge

Gitanjali