Orissa High Court
The Manager Legal vs Sanjay Kumar Pradhan & on 21 July, 2025
Author: S. K. Panigrahi
Bench: S. K. Panigrahi
IN THE HIGH COURT OF ORISSA AT CUTTACK
FAO No. 295 of 2025
The Manager Legal, Chola ..... Appellant
MS General Insurance Mr. G. P. Dutta,
Company Ltd. Advocate
-versus-
Sanjay Kumar Pradhan & ..... Respondents
Anr. Mr. Karunakar Das,
Advocate
CORAM:
THE HON'BLE DR. JUSTICE S. K. PANIGRAHI
ORDER
21.07.2025
Order
No.
01. 1. This matter is taken up through hybrid arrangement.
2. This application has been filed for condoning the delay
in preferring the appeal.
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.
Designation: Personal Assistant
FAO No.295 of 2025.
1. Heard.
2. Present appeal by the Insurer is directed against the
impugned judgment/ award dated 31st January, 2025
passed by the learned Commissioner for Employee's
Compensation-Cum-Joint Labour Commissioner, Hqrs in
E.C. Case No.05 of 2024 wherein compensation to the
tune of Rs.13,97,412 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.OD-04-K-8429.
3. 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 and
keeping in view of the decision reported in 2009 (II) OLR
982 and 2013(II) OLR-359, said contention is rejected.
4. 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.10,65,000/- is
proposed to the parties in course of hearing. The same is
Designation: Personal Assistant
Reason: Authentication
Location: OHC agreed by Mr. Das, learned counsel for the claimant. Mr.
Date: 22-Jul-2025 13:20:12
Dutta, learned counsel for the Insurer leaves it to the
discretion of the Court. Accordingly, the amount is
reduced to the said extent.
5. Since the entire awarded amount has been deposited
before the learned Commissioner for Employee's
Compensation-Cum-Joint Labour Commissioner,
Headquarters, the Commissioner is directed to disburse
the reduced consolidated amount of Rs.10,65,000/-
(Rupees Ten lakhs Sixty Five Thousand 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.
6. This Appeal is, accordingly, disposed of.
(Dr. S.K. Panigrahi)
Judge
Murmu
Designation: Personal Assistant
Reason: Authentication
Location: OHC
Date: 22-Jul-2025 13:20:12
