New India Assurance Co vs Bhagaban Barik & Anr
2025 Latest Caselaw 1274 Ori

Orissa High Court

New India Assurance Co vs Bhagaban Barik & Anr on 15 July, 2025

Author: S.K. Panigrahi

Bench: S.K. Panigrahi

                                              IN THE HIGH COURT OF ORISSA AT CUTTACK

                                                           FAO No.165 of 2025
                                            New India Assurance Co.  ....             Appellant(s)
                                            Ltd.
                                                                       Mr. Nayan Behari Das, Adv.

                                                                  -versus-
                                            Bhagaban Barik & Anr.      ....           Respondent(s)

Mr. Pradeep Kumar Mishra, 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. Heard learned counsel for the Parties.

3. Present appeal by the Insurer is directed against the

impugned judgment/ award dated 28th February, 2025

passed by the learned Commissioner for Employee's

Compensation-Cum-Divisional Labour Commissioner,

Cuttack in E.C. Case No.410 D/ 2016 wherein

compensation to the tune of Rs.15,04,100/- has been

granted on account of injuries sustained by the claimant

during course of his employment as a driver of the Truck

bearing registration no.OD-05-B-6625.

8. Mr. Das, learned counsel for the Appellant though

vehemently disputes the disability and income of the

Designation: Personal Assistant

Location: High Court of Orissa Date: 16-Jul-2025 17:04:43 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.12,00,000/- is

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

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

Mr. Das, 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,

Cuttack, the Commissioner is directed to disburse the

reduced consolidated amount of Rs.12,00,000/- (Rupees

Twelve 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, 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