Orissa High Court
Regional Manager vs Jhuni Behera & Ors. .... Opposite ... on 13 October, 2025
Author: Sanjeeb K Panigrahi
Bench: Sanjeeb K Panigrahi
IN THE HIGH COURT OF ORISSA AT CUTTACK
FAO No.425 of 2025
Regional Manager, .... Petitioner(s)
Oriental Insurance Co.
Ltd., Angul
Mr. Prasanta Kumar Mahali, Adv.
-versus-
Jhuni Behera & Ors. .... Opposite Party(s)
Mr. Debasish Patnaik, Adv.
CORAM:
HON'BLE DR.JUSTICE SANJEEB K PANIGRAHI
ORDER
Order 13.10.2025
02. 1. This matter is taken up through hybrid arrangement.
2. This I.A. under Section 5 of the Limitation Act has been
filed for condoning the delay in preferring the FAO No.425
of 2025.
3. Heard.
4. Considering the submissions made on behalf of both the
parties and looking to the averments made in this I.A, this
Court condones the delay in preferring the FAO No.425 of
2025.
5. This I.A is, accordingly, disposed of.
Designation: Personal Assistant
Location: High Court of Orissa
Date: 14-Oct-2025 18:25:41
6. This I.A. is filed seeking two months time to file the
receipt showing deposit of the awarded amount.
7. Heard.
8. It is submitted that receipt showing deposit of the
awarded amount has already been filed in the meantime.
Hence, this I.A. has become infructuous.
9. This I.A. is, accordingly, disposed of.
10. The present appeal at the instance of the Insurer is
directed against the impugned judgment/ award dated
24.03.2025 passed by the learned Commissioner for
Employees Compensation-cum-Joint Labour
Commissioner, Cuttack in E.C. Case No.137 of 2021
wherein compensation to the tune of Rs.24,83,017/- has
been granted on account of death of the deceased during
course of his employment as a driver under the
Respondent No.5.
11. Heard.
12. Mr. Mahali, learned counsel for the Appellant
vehemently disputes the cause of death of the deceased.
The deceased has not died due to accident rather he has
died of electrocution which had happened due to the
negligence of the Electricity Department. The contention of
Designation: Personal Assistant
Location: High Court of Orissa
Date: 14-Oct-2025 18:25:41
died during course of his employment as a driver under
the Respondent No.5.
13. Mr. Mahali, learned counsel for the Appellant
vehemently disputes the income of the deceased driver.
He further contends that the learned Commissioner
should not have accepted the income of the deceased
driver in absence of any documentary evidence. The
income requires to be considered as per provision of the
Minimum Wages Act.
14. Having heard both the parties and considering all such
grounds of challenge, this Court finds that a reduced
compensation of Rs.14,00,000/- (Rupees Fourteen lakhs
only) is proposed to the parties in course of hearing. The
same is agreed by Mr. Patnaik, learned counsel for the
Claimants-Respondents. The amount is, accordingly,
reduced to the said extent.
15. Since the entire awarded amount has been deposited
before the learned Commissioner for Employee's
Compensation-cum-Joint Labout Commissioner, Cuttack
in E.C. Case No.137 of 2021, this Court directs the learned
Commissioner to disburse the consolidated sum of
Rs.14,00,000/- (Rupees Fourteen lakhs only) along with
interest accrued thereon in favour of the claimants-
respondents and the balance amount of Rs.10,83,017/- with
Designation: Personal Assistant
Location: High Court of Orissa Appellant-Insurance Company within a period of one
Date: 14-Oct-2025 18:25:41
month from the date of presentation of an authenticated
copy of this order.
16. Default interest and penalty, if any, is waived.
17. This FAO is, accordingly, disposed of.
(Dr. Sanjeeb K Panigrahi)
Judge
Ayaskanta
Designation: Personal Assistant
Location: High Court of Orissa
Date: 14-Oct-2025 18:25:41
