Orissa High Court
Regional Manager vs Chandramani Mallik & Anr on 29 July, 2025
Author: S.K. Panigrahi
Bench: S.K. Panigrahi
IN THE HIGH COURT OF ORISSA AT CUTTACK
FAO No. 47 of 2024
Regional Manager,
New India Assurance Co. Ltd. ........ Appellant(s)
Mr. Prasanta Kumar Mahali, Adv.
-Versus-
Chandramani Mallik & Anr. ........... Respondent(s)
Mr. Karunakar Das, Adv.
CORAM:
DR. JUSTICE S.K. PANIGRAHI
ORDER
29.07.2025
Order No.
04. 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 5th January, 2024 passed by the learned
Commissioner for Employee's Compensation-cum-Divisional
Labour Commissioner, Hqrs, Bhubaneswar in E.C. Case No.149 of
2015 wherein compensation to the tune of Rs.19,16,462/- has been
granted on account of injuries sustained by the claimant during
course of his employment as a labour in the Truck bearing
Signature Not registration
Verified No.OR-04-5873.
Digitally Signed
Signed by: LITARAM MURMU
4. Mr. Mahali, learned counsel for the Appellant though
Designation: Personal Assistant
Reason: Authentication
Location: OHC
Date: 30-Jul-2025 16:16:42
vehemently disputes the disability and income of the injured, took
a specific ground that the injured labour had sustained disability
and loss of earning capacity as assessed by the treating doctor who
is not an orthopedic specialist. Hence, the learned Commissioner
should not have accepted the disability and loss of earning
capacity as assessed by the concerned doctor. The submission
regarding the disability and loss of earning capacity is reduced and
the same is accepted by the learned counsel for the Respondent
No.1.
5. 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.7,50,000/- is proposed to the parties in
course of hearing. The same is agreed by Mr. Das, learned counsel
for the claimant. Mr. Mahali, learned counsel for the Insurer leaves
it to the discretion of the Court. Accordingly, the amount is
reduced to the said extent.
6. Since the entire awarded amount has been deposited before the
learned Commissioner for Employee's Compensation-cum-
Divisional Labour Commissioner, Hqrs, Bhubaneswar the
Commissioner is directed to disburse the reduced consolidated
amount of Rs.7,50,000/-(Rupees seven lakh fifty thousand) with
Signature Not proportionate
Verified accrued interest thereof in favour of the claimant
Digitally Signed
Signed by: LITARAM MURMU within a period of two months from today. The balance amount of
Designation: Personal Assistant
Reason: Authentication
Location: OHC
Date: 30-Jul-2025 16:16:42 Rs.11,66,462/- with proportionate accrued interest thereon shall be
refunded to the Insurer-Appellant. However, the penalty 50% and
penal interest @ 12% as directed by the Commissioner is waived.
7. This Appeal is, accordingly, disposed of.
( Dr. S.K. Panigrahi)
Judge
Murmu
Designation: Personal Assistant
