The Legal Officer vs Narayan Mallick & Anr
2025 Latest Caselaw 1787 Ori

Orissa High Court

The Legal Officer vs Narayan Mallick & Anr on 28 July, 2025

Author: S.K. Panigrahi

Bench: S.K. Panigrahi

              IN THE HIGH COURT OF ORISSA AT CUTTACK
                                      FAO No.202 of 2025

            The Legal Officer, M/s. Cholamandalam
            M/s. General Insurance Company Ltd. ........         Appellant(s)
                                              Mr. Girija Prasad Dutta, Adv.

                                            -versus-

            Narayan Mallick & Anr.          ........               Respondent(s)
                                                       Mr. Biswajit Mohanty, Adv.

                        CORAM:
                        DR. JUSTICE S.K. PANIGRAHI

                                    ORDER

28.07.2025 I.A. No.378 of 2025 Order No.

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

2. This application has been filed for condoning the delay of 31

days 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 Appeal is, hereby, condoned.

5. I.A. is disposed of.

1. Heard Mr. Dutta, learned counsel for the Appellant and Mr.

Mohanty, learned counsel for the Respondents.

2. Present appeal by the Insurer is directed against impugned

judgment/award dated 10th December, 2024 passed by the

Commissioner for Employee's Compensation-Cum-Divisional

Labour Commissioner, Cuttack in E.C. Case No.280 of 2021,

wherein compensation to the tune of Rs. 11,16,259/- has been

granted on account of injuries sustained by the claimant in

course of his employment as a Driver of the Tata Ace bearing

registration No.OD-05-AX-2438.

3. Mr.Dutta, learned counsel for the Appellant though

vehemently disputes the liability on the ground that no

premium has been paid to applicant. But in view of the

Judgment reported in 2009(2) OLR 982 such contention is

rejected. Further he also dispute the non-registration of F.I.R.

disability and income of the injured, but in absence of any

evidence adduced from the side of the insurer on income and

disability, said contention is rejected.

4. Having heard both parties and considering all such grounds

of challenge advanced, a reduced compensation of Rs.9,00,000/-

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

same is agreed by Mr. Mohanty, learned counsel for the

claimant. Mr. Dutta, learned counsel for the Insurer leaves it to

the discretion of the Court. Accordingly, the amount is reduced

to said extent.

5. Since the entire award amount has been deposited before the

Commissioner for Employee's Compensation-Cum-Divisional

Labour Commissioner, Cuttack, the Commissioner is directed to

disburse the reduced consolidated amount of Rs.9,00,000/-

(Rupees Nine 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 & penal interest @ 12% as directed by the

Commissioner is waived.

6. The Appeal is accordingly disposed of.

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

application.

( Dr. S.K. Panigrahi) Judge

Sumitra

Location: High Court of Orissa, Cuttack Date: 01-Aug-2025 18:19:44