The Manager vs Amar Parida & Anr
2025 Latest Caselaw 10540 Ori

Orissa High Court

The Manager vs Amar Parida & Anr on 27 November, 2025

Author: Sanjeeb K Panigrahi

Bench: Sanjeeb K Panigrahi

                         IN THE HIGH COURT OF ORISSA AT CUTTACK
                                         FAO No.498 of 2025
                     The Manager, Legal,    .....                      Appellant (s)
                     M/s. Reliance General         Mr. Girija Prasad Dutta, Advocate
                     Insurance Company
                     Limited, Bhubaneswar
                                                -versus-
                     Amar Parida & Anr.           ....             Respondent (s)
                                                              Mr. Karunakar Das,
                                                                      Advocate

                                           CORAM:
                         THE HON'BLE DR. JUSTICE SANJEEB K PANIGRAHI
                                            ORDER

27.11.2025 Order No.

01. 1. This matter is taken up through hybrid

arrangement.

2. Heard Mr. Dutta, learned counsel for the Appellant

and Mr. Das, learned counsel for the Respondents.

3. Present appeal by the Insurer is directed against

impugned judgment/award dated 24th October, 2025

passed by the Commissioner for Employee's

Compensation-Cum-Divisional Labour Commissioner,

HQRS in E.C. Case No.33 of 2024, wherein compensation

to the tune of Rs.17,22,933/- along with interest @ 12% has

been granted on account of injuries sustained by the

claimant in course of his employment as a helper of the

Truck bearing registration No.OD-29-C-5856.

Signed by: GITANJALI NAYAK Page 1 of 3.

4. 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 and the Truck

being a goods vehicle such contention is rejected. Further

he also dispute the 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.

5. Having heard both parties and considering all such

grounds of challenge advanced, a reduced compensation

of Rs.16,00,000/- consolidated is proposed to the parties in

course of hearing. The same is agreed by Mr. Das, 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.

6. Since the entire award amount has been deposited

before the Commissioner for Employee's Compensation-

Cum-Divisional Labour Commissioner, HQRS, the

Commissioner is directed to disburse the reduced

consolidated amount of Rs.16,00,000/-(Rupees Sixteen

Lakh) with proportionate accrued interest thereof in

favour of the claimant within a period of two months from

today. The balance amount with proportionate accrued

Signed by: GITANJALI NAYAK Page 2 of 3. Reason: Authentication Location: OHC Date: 27-Nov-2025 14:45:13 interest thereof shall be refunded to the Insurer-Appellant.

However, penalty & penal interest @ 12% as directed by the

Commissioner is waived.

7. The Appeal is accordingly disposed of.

8. Urgent certified copy of this order be granted on

proper application.

(Dr. Sanjeeb K Panigrahi) Judge

Gitanjali

Signed by: GITANJALI NAYAK Page 3 of 3.