The Manager vs Samaptika Nayak
2025 Latest Caselaw 1438 Ori

Orissa High Court

The Manager vs Samaptika Nayak on 18 July, 2025

Author: S.K. Panigrahi

Bench: S.K. Panigrahi

                      IN THE HIGH COURT OF ORISSA AT CUTTACK
                                           FAO No. 71 of 2025

                   The Manager, Legal (T.P. Hub),
                   The New India Assurance
                   Company Ltd.                            ........   Appellant(s)
                                                                    Mr. S.K. Ghose, Adv.

                                                   -versus-

                   Samaptika Nayak                             ........ Respondent(s)
                                                        Mr. Pradeep Kumar Mishra, Adv.

                                CORAM:
                                DR. JUSTICE S.K. PANIGRAHI

                                            ORDER

18.07.2025

Order No.

02. 1. This matter is taken up through hybrid arrangement.

2. Heard Mr. Ghose, learned counsel for the Appellant and Mr.

Mishra, learned counsel for the Respondents.

3. Present appeal by the Insurer is directed against impugned

judgment/award dated 30.12.2024 passed by the Commissioner

for Employee's Compensation-cum-Joint Labour Commissioner,

Cuttack in E.C. Case No.295/2020, wherein compensation to the

tune of Rs. 17,05,104/- has been granted on account of injuries

Digitally Signed sustained by the claimant in course of his employment as a

driver of the Truck bearing registration No.OR-01-L-8958.

4. Mr. Ghose, 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, said

contention is rejected.

5. Having heard both parties and considering all such grounds

of challenge advanced, a reduced compensation of

Rs.13,50,000/- consolidated is proposed to the parties in course

of hearing. The same is agreed by Mr. Mishra, learned counsel

for the claimants. Mr. Ghose, learned counsel for the Insurer

leaves it to the discretion 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.13,50,000/-

(Thirteen 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, penalty & penal interest @ 12% as directed

by the Commissioner is waived.

Reason: Authentication 7. The Appeal is accordingly disposed of. Location: OHC Date: 21-Jul-2025 19:18:05

8. Urgent certified copy of this order be granted on proper

application.

( Dr. S.K. Panigrahi) Judge Murmu