The Manager vs Malati Jena & Others
2025 Latest Caselaw 1316 Ori

Orissa High Court

The Manager vs Malati Jena & Others on 16 July, 2025

Author: S.K. Panigrahi

Bench: S.K. Panigrahi

            IN THE HIGH COURT OF ORISSA AT CUTTACK

                             FAO No.557 of 2024

        The Manager, (T.P. Hub),         .....                      Appellant
        M/s. Oriental Insurance                                 Mr. A.A. Khan,
        Company Limited,                                              Advocate
        Bhubaneswar
                                    -versus-
        Malati Jena & Others             .....
                                                               Respondents
                                                    Mr. K.C. Nayak, Advocate
                                    CORAM:
                 THE HON'BLE DR. JUSTICE S.K. PANIGRAHI
                                     ORDER

Order 16.07.2025 No.

02. 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

impugned judgment/award dated 4th June, 2024 passed by

the Commissioner for Employee's Compensation-Cum-

Joint Labour Commissioner, Cuttack in E.C. Case No.128

of 2022, wherein compensation to the tune of Rs.

18,30,714/- has been granted on account of death of the

deceased-Susanta Kumar Jena in course of his

employment as a Driver of a Truck bearing registration

No.OD-04-2059.

4. Mr. Khan, learned counsel for the Appellant though

vehemently disputes the income of the deceased, but in

absence of any evidence adduced from the side of the

Insurer, the said contention is rejected.

5. Having heard both parties and considering all such

grounds of challenge advanced, a reduced compensation

of Rs.14,50,000/- consolidated is proposed to the parties in

course of hearing. The same is agreed by Mr. Nayak,

learned counsel for the claimants. Mr. Khan, learned

counsel for the Insurer leaves it to the direction of the

Court. Accordingly, the amount is reduced to said extent.

6. Since the entire award amount has been deposited

before the Commissioner for Employee's Compensation-

Cum-Joint Labour Commissioner, Cuttack, the

Commissioner is directed to disburse the reduced

consolidated amount of Rs.14,50,000/- (Rupees fourteen

lakhs fifty thousand) 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. However, penal interest @ 12% as

directed by the Commissioner is waived.

7. The Appeal is accordingly disposed of.

8. Issue urgent certified copy as per rules.

Signed by: NARAYAN HO                                              (Dr. S.K. Panigrahi)

Location: OHC                                                              Judge
Date: 17-Jul-2025 19:35:26
Narayan