Manager vs Kuntala Pradhan & Anr
2025 Latest Caselaw 1270 Ori

Orissa High Court

Manager vs Kuntala Pradhan & Anr on 15 July, 2025

Author: S.K. Panigrahi

Bench: S.K. Panigrahi

                                              IN THE HIGH COURT OF ORISSA AT CUTTACK

                                                             FAO No.14 of 2025
                                            Manager, TP Cell,         ....             Appellant(s)
                                            M/s. Oriental Insurance
                                            Co. Ltd., Bhubaneswar
                                                                         Ms. Rimjhimbala Pati, Adv.

                                                                  -versus-
                                            Kuntala Pradhan & Anr.     ....           Respondent(s)

Mr. Bijay Kumar Mohanty, Adv.

Mr. Deepak Ranjan Sundaray, Adv. CORAM:

HON'BLE DR.JUSTICE S.K. PANIGRAHI

Order ORDER No. 15.07.2025

05. 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 14th August, 2024

passed by the learned Commissioner for Employee's Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 16-Jul-2025 17:04:43

Compensation-Cum-Joint Labour Commissioner,

Bhubaneswar in E.C. Case No.8 of 2017 wherein

compensation to the tune of Rs.7,58,996/- has been granted

on account of death of the deceased during course of his

employment as a helper of the Truck bearing registration

No.CG-04-HX-5286.

8. Mrs. Pati, learned counsel for the Appellant though

vehemently disputes the accident, employment and

income of the deceased, 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.13,00,000/- is

proposed to the parties in course of hearing. The same is

agreed by Mr. Mohanty, learned counsel for the claimant.

Mrs. Pati, 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-Joint Labour Commissioner,

Bhubaneswar, the Commissioner is directed to disburse

the reduced consolidated amount of Rs.13,00,000/- (Rupees

Designation: Personal Assistant Thirteen lakh only) with proportionate accrued interest Reason: Authentication Location: High Court of Orissa Date: 16-Jul-2025 17:04:43 thereof in favour of the claimant within a period of two

months from today. The differential amount be deposited

within eight weeks by the Appellant. However, penalty

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