Manager Legal vs Sunita Punji & Ors
2025 Latest Caselaw 9906 Ori

Orissa High Court

Manager Legal vs Sunita Punji & Ors on 12 November, 2025

Author: Sanjeeb K Panigrahi

Bench: Sanjeeb K Panigrahi

                                IN THE HIGH COURT OF ORISSA AT CUTTACK
                                                    FAO No. 273 of 2025
                               Manager Legal,
                               M/s. Liberty General Insurance Co.
                               Ltd.                                       ........   Appellant(s)
                                                                            Mr. Adam Ali Khan, Adv.
                                                         -Versus-
                               Sunita Punji & Ors.                  ......        Respondent (s)
                                                                     Mr. Kapila Charan Nayak, Adv.
                                                                                      (for R-1 to 3)
                                                                                Mr. Sujit Sen, Adv.
                                                                                           (for R-4)
                                     CORAM:
                                     DR. JUSTICE SANJEEB K PANIGRAHI
                                                    ORDER

12.11.2025 Order No.

1. This matter is taken up through hybrid arrangement.

2. Heard learned counsel for the parties.

3. The present appeal by the Insurer is directed against the

impugned judgment/award dated 9th December, 2024 passed by

the Commissioner for Employee's Compensation-cum-Joint

Labour Commissioner, Cuttack in E.C. Case No.23/2023, wherein

compensation to the tune of Rs.10,82,848/- has been granted on

account of death of the deceased in course of his employment as a

driver of the Scorpio bearing registration No.OD-03-V-6182.

4. Learned counsel for the Appellant though vehemently disputes

the death of the deceased in course of his employment and income

of the deceased, due to absence of any cogent evidence adduced

from the side of the insurer the said contention is rejected.

5. Having heard both the parties and considering all such grounds of

challenge advanced, a reduced compensation of Rs.8,00,000/- as

consolidated is proposed to the parties in course of hearing. The

same is agreed by Mr. Nayak, learned counsel for the claimants.

Mr. Khan, 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

Commissioner for Employee's Compensation-cum-Joint Labour

Commissioner, Cuttack, the Commissioner is directed to disburse

the reduced consolidated amount of Rs.8,00,000/- (Rupees Eight

lakhs) with proportionate accrued interest thereon in favour of the

claimant within a period of two months from today. The balance

amount with proportionate accrued interest thereon shall be

refunded to the Insurer-Appellant. However, the penal interest @

12% as directed by the Commissioner is waived.

7. The Appeal is, accordingly, disposed of.

( Dr. Sanjeeb K Panigrahi) Judge Murmu