The Divisional Manager vs Lili Tete & Ors
2025 Latest Caselaw 8943 Ori

Orissa High Court

The Divisional Manager vs Lili Tete & Ors on 10 October, 2025

Author: Sanjeeb K Panigrahi

Bench: Sanjeeb K Panigrahi

                IN THE HIGH COURT OF ORISSA AT CUTTACK
                                    FAO No.146 of 2025

            The Divisional Manager, The New
            India Assurance Company
            Limited At Super Market, Cuttack
                                                      ........  Appellant(s)
                                                Mr. Saumedra Kumar Ghose, Adv.
                                    -Versus-
            Lili Tete & Ors.                        .......... Respondents
                                                    Mr. Kalpataru Panigrahi Adv.

                        CORAM:
                        DR. JUSTICE SANJEEB K PANIGRAHI
                                    ORDER

10.10.2025 Order No.

01. 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 29.01.2025 passed by the

Commissioner for Employee's Compensation and Joint Labour

Commissioner, Rourkela in E.C. Case No.15 of 2022, wherein

compensation to the tune of Rs.12,74,419/- has been granted on

account of death sustained by the deceased employee in course of

his employment as a driver of the TIP Trailer bearing registration

No.OR-23-F-4982.

4. Learned counsel for the Appellant though vehemently disputes

the liability and income of the deceased, due to absence of any

evidence adduced from the side of the insurer the said contention

is rejected. The wages of the deceased as a skilled labour is

accepted.

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

of challenge advanced, a reduced compensation of Rs11,25,000/- as

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

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

Mr. Ghosh, 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 and Joint Labour

Commissioner, Rourkela, the Commissioner is directed to disburse

the reduced consolidated amount of Rs11,25,000/- (Rupees Eleven

Lakhs Twenty Five Thousand Only) with proportionate accrued

interest thereon in favour of the claimants within a period of two

months from today. The balance amount with proportionate

accrued interest thereon shall be refunded to the Insurer-

Appellant.

7. The Appeal is, accordingly, disposed of.

(Dr. Sanjeeb K Panigrahi) Judge Sumitra

Location: High Court of Orissa, Cuttack