Orissa High Court
The Senior Legal Manager vs Suresh Dehuri & Anr on 15 July, 2025
Author: S.K. Panigrahi
Bench: S.K. Panigrahi
IN THE HIGH COURT OF ORISSA AT CUTTACK
FAO No.299 of 2025
The Senior Legal Manager, .... Appellant(s)
Cholla MS General
Insurance Company Ltd.,
Bhubaneswar
Mr. Girija Prasad Dutta, Adv.
-versus-
Suresh Dehuri & Anr. .... Respondent(s)
Mr. Karunakar Das, Adv.
CORAM:
HON'BLE DR.JUSTICE S.K. PANIGRAHI
Order ORDER
No. 15.07.2025
01. 1. This matter is taken up through hybrid arrangement.
2. This application has been filed for condoning the delay
in preferring the FAO.
3. Heard.
4. Considering the submissions and on going through the
averments made in this I.A, prayer is allowed. Delay in
preferring the FAO is, hereby, condoned.
5. This I.A. is, accordingly, disposed of.
6. Heard learned counsel for the Parties.
7. Present appeal by the Insurer is directed against the
impugned judgment/ award dated 5th February, 2025
Designation: Personal Assistant
Reason: Authentication
Location: High Court of Orissa
passed by the learned Commissioner for Employee's
Date: 16-Jul-2025 17:04:43
Compensation-Cum-Divisional Labour Commissioner,
Headquarters in E.C. Case No.2 of 2024 wherein
compensation to the tune of Rs.19,04,170/- has been
granted on account of injuries sustained by the claimant
during course of his employment as a helper of the Truck
bearing registration No.OR-09-E-2025.
8. Mr. Dutta, learned counsel for the Appellant though
vehemently disputes the liability on the ground of non-
receipt of the premium in order to cover the risk of injury
and the disability and income of the injured, in absence of
any evidence adduced from the side of the insurer, said
contention is rejected.
9. Having heard both the parties and considering all such
grounds of challenge advanced, it appears that a reduced
compensation of a consolidated sum of Rs.14,00,000/- 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
discretion of the Court. Accordingly, the amount is
reduced to the said extent.
10. Since the entire awarded amount has been deposited
before the learned Commissioner for Employee's
Compensation-Cum-Divisional Labour Commissioner,
Headquarters, the Commissioner is directed to disburse
Designation: Personal Assistant
the reduced consolidated amount of Rs.14,00,000/- (Rupees
Reason: Authentication
Location: High Court of Orissa
Date: 16-Jul-2025 17:04:43
Fourteen lakh 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, the defaulted penalty to
the extent of 50% and penal interest @ 12% as directed by
the Commissioner is waived.
11. This Appeal is, accordingly, disposed of.
(Dr. S.K. Panigrahi)
Judge
Ayaskanta
Designation: Personal Assistant
Location: High Court of Orissa
Date: 16-Jul-2025 17:04:43
