Orissa High Court
Manager vs Bipin Behari Rout & on 25 November, 2025
Author: Sanjeeb K Panigrahi
Bench: Sanjeeb K Panigrahi
IN THE HIGH COURT OF ORISSA AT CUTTACK
FAO No.390 of 2025
Manager, New India .... Appellant(s)
Assurance Co. Ltd., T.P.
Hub, Cuttack
Mr. Prasanta Kumar Mahali, Adv.
-versus-
Bipin Behari Rout & .... Respondent(s)
Anr.
Mr. Debasish Patnaik, Adv.
for R-1
CORAM:
HON'BLE DR.JUSTICE SANJEEB K PANIGRAHI
ORDER
Order 25.11.2025
02. 1. This matter is taken up through hybrid arrangement.
2. This I.A. is filed seeking one month time to file the
receipt showing deposit of the awarded amount before the
learned Commissioner.
3. Heard.
4. It appears that the receipt showing deposit of the
awarded amount has been filed by the Appellant by way
of a memo. Hence, this I.A. has rendered infructuous.
5. This I.A. is, accordingly, disposed of.
Designation: Personal Assistant 6. Heard.
Reason: Authentication
Location: High Court of Orissa
Date: 26-Nov-2025 14:25:34
7. The present appeal at the instance of the Insurance
Company is directed against the judgment/award dated
30.07.2025 passed by the learned Commissioner for
Employees' Compensation -cum- Joint Labour
Commissioner, Cuttack in E.C. Case
No.EC/00238/2022/CUTT, wherein compensation to the
tune of Rs.12,34,346/- has been granted on account of
injuries sustained by the claimant-Respondent No.1
during course of his employment as a Driver of the Truck
bearing registration No.OD-16-C-4398.
8. Heard learned counsel for the respective Parties.
9. Learned counsel for the Appellant though vehemently
disputes the disability and income of the injured, took a
specific ground that the injured driver had sustained 50%
disability and loss of earning capacity as 80% which is
assessed by the treating doctor who is not an orthopedic
specialist. Hence, the learned Commissioner should not
have accepted the disability aspect and loss of earning
capacity as assessed by the concerned Doctor. He further
contends that as per the disability certificate issued by the
C.D.M.O, Jajpur the injured-driver had sustained 45%
temporary disability. The said fact was suppressed by the
claimant-Respondent No.1. As per the Adhar card the age
Designation: Personal Assistant was 61 years 5 months. The submission regarding the
Location: High Court of Orissa
Date: 26-Nov-2025 14:25:34
disability and loss of earning capacity is reduced and the
same is accepted by the learned counsel for the
Respondent No.1.
10. Having heard both the parties and considering the
grounds of challenge, this Court finds that a reduced
compensation of Rs.4,20,000/- (Rupees Four lakh twenty
thousand only) is proposed to the parties in course of
hearing. The same is also agreed by Mr. Debasish Patnaik,
learned counsel for the Claimant-Respondent No.1.
Learned counsel for the Insurer leaves it to the discretion
of this Court. Accordingly, the amount is reduced to the
said extent.
11. Since the entire awarded amount has been deposited
before the learned Commissioner for Employee's
Compensation-cum-Joint Labour Commissioner, Cuttack
in the above noted E.C. Case, this Court directs the learned
Commissioner to disburse the reduced consolidated
amount of Rs.4,20,000/- (Rupees Four lakh twenty
thousand only) with proportionate accrued interest
thereon in favour of the claimant(s) within a period of two
months from today. The balance amount of Rs.8,14,346/-
with proportionate accrued interest thereon shall be
refunded to the Appellant/Insurance Company. However,
Designation: Personal Assistant the learned Commissioner is waived.
Location: High Court of Orissa
Date: 26-Nov-2025 14:25:34
12. This FAO is, accordingly, disposed of.
(Dr. Sanjeeb K Panigrahi)
Judge
Ayaskanta
Designation: Personal Assistant
Location: High Court of Orissa
Date: 26-Nov-2025 14:25:34
