Regional Manager vs Tuna Sahoo & Anr
2025 Latest Caselaw 1851 Ori

Orissa High Court

Regional Manager vs Tuna Sahoo & Anr on 29 July, 2025

Author: S.K. Panigrahi

Bench: S.K. Panigrahi

                                  IN THE HIGH COURT OF ORISSA AT CUTTACK
                                                   FAO No. 138 of 2024
                           Regional Manager,
                           New India Assurance Co. Ltd.              ........      Appellant(s)
                                                               Mr. Prasanta Kumar Mahali, Adv.
                                                    -Versus-

                           Tuna Sahoo & 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 18th January, 2024 passed by the learned

Commissioner for Employee's Compensation-cum-Divisional

Labour Commissioner, Hqrs, Bhubaneswar in E.C. Case No.202 of

2013 wherein compensation to the tune of Rs.15,65,225/- has been

granted on account of injuries sustained by the claimant during

course of his employment as a labour (coolie) of the Truck bearing Signature Not registration Verified No.OR-05-9367.

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 had sustained 65% disability and

loss of earning capacity 75% 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 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.6,80,000/- 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.6,80,000/-(Rupees Six lakh eighty thousand) with

proportionate accrued interest thereof in favour of the claimant

Signature Not within a period of two months from today. The balance amount of Verified Digitally Signed Signed by: LITARAM MURMU Rs.8,85,225/- with proportionate accrued interest thereon shall be Designation: Personal Assistant Reason: Authentication Location: OHC Date: 30-Jul-2025 16:16:42

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