The Manager (T.P. Hub) vs Kalandi Nayak & Anr
2025 Latest Caselaw 10260 Ori

Orissa High Court

The Manager (T.P. Hub) vs Kalandi Nayak & Anr on 20 November, 2025

Author: Sanjeeb K Panigrahi

Bench: Sanjeeb K Panigrahi

                                    IN THE HIGH COURT OF ORISSA AT CUTTACK

                                                   FAO No.445 of 2025

                                  The Manager (T.P. Hub),    ....                Appellant(s)
                                  M/s. New India
                                  Assurance Co. Ltd.,
                                  Cuttack
                                                                  Mr. Nayan Behari Das, Adv.

                                                       -versus-
                                  Kalandi Nayak & Anr.   ....              Respondent(s)

Mr. Debasish Patnaik, Adv.

CORAM:

HON'BLE DR.JUSTICE SANJEEB K PANIGRAHI

Order ORDER No. 20.11.2025

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

2. The present appeal at the instance of the Insurance

Company is directed against the judgment/award dated

02.09.2025 passed by the learned Commissioner for

Employees' Compensation -cum- Joint Labour

Commissioner, Cuttack in E.C. Case

No.EC/00139/2022/CUTT, wherein compensation to the

tune of Rs.16,16,150/- (Rupees Sixteen lakh sixteen

thousand one hundred fifty only) has been granted on

account of injuries sustained by the claimant during course

Designation: Personal Assistant of his employment as a Driver of the Mini Truck bearing Reason: Authentication Location: High Court of Orissa Date: 21-Nov-2025 20:06:53 registration No.OD-02-AD-2976.

3. Heard learned counsel for the respective Parties.

4. Learned counsel for the Appellant though vehemently

disputes the disability and income of the injured, in

absence of any evidence from the side of the appellant the

said contention is rejected.

5. Having heard both the parties, considering the ground

of challenge, this Court finds that a reduced compensation

of a consolidated sum of Rs.11,50,000/- (Rupees Eleven

lakh fifty thousand only) as consolidated is proposed by

the learned counsel for the Appellant which is also agreed

by the learned counsel for the Claimants. Learned counsel

for the Insurer leaves it to the discretion of this 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-Joint Labour Commissioner, Cuttack,

this Court directs the learned Commissioner to disburse

the reduced consolidated amount of Rs.11,50,000/- (Rupees

Eleven lakh fifty thousand only) with proportionate

accrued interest thereon in favour of the claimants within

a period of two months from today. The balance amount

with accrued interest thereon shall be refunded to the

Appellant/Insurance Company. However, the penalty and

Designation: Personal Assistant penal interest as directed by the learned Commissioner is Reason: Authentication Location: High Court of Orissa Date: 21-Nov-2025 20:06:53 waived.

7. This FAO is, accordingly, disposed of.

(Dr. Sanjeeb K Panigrahi) Judge Ayaskanta

Designation: Personal Assistant

Location: High Court of Orissa Date: 21-Nov-2025 20:06:53