Orissa High Court
The Manager Legal vs Rabindra Behera & Anr. ....... Opposite ... on 23 October, 2025
Author: Sanjeeb K Panigrahi
Bench: Sanjeeb K Panigrahi
IN THE HIGH COURT OF ORISSA AT CUTTACK
FAO No. 451 of 2025
The Manager Legal,
M/s. Cholamandalam Ms. General
Insurance Company Limited. ........ Appellant(s)
Mr. G.P. Dutta, Adv.
-Versus-
Rabindra Behera & Anr. ....... Opposite Party (s)
Mr. Debasish Patnaik, Adv.
CORAM:
DR. JUSTICE SANJEEB K PANIGRAHI
ORDER
23.10.2025
Order No.
02. I.A. No.902 of 2025
1. This matter is taken up through hybrid arrangement.
2. This application has been filed for condoning the delay of 08
days in preferring the Appeal.
3. Heard.
4. Considering the submissions and on going through the
averments made in this I.A., prayer is allowed. Delay in
preferring the Appeal is, hereby, condoned.
5. The I.A. is accordingly disposed of.
2. Heard Mr. Dutta, learned counsel for the Appellant and Mr.
Patnaik, learned counsel for the Respondents.
3. Present Appeal by the Insurer is directed against impugned
judgment/award dated 30th July, 2025 passed by the
Commissioner for Employee's Compensation-cum-Joint
Labour Commissioner, Cuttack in E.C. Case No.390-D of
2015, wherein compensation to the tune of Rs. 20,00,818/- 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.OR-05-S-4079.
4. Mr. Dutta, learned counsel for the Appellant though
vehemently disputes the disability and income of the injured,
but in absence of any evidence adduced from the side of the
insurer, said contention is rejected. He further contends that
as the policy was issued after the accident, the Appellant is
not liable to pay any amount but considering the fact that
premium was paid at an earlier time and non-production of
proposal form and keeping in view the fact that policy was
issued on 10.00 hours of 17.09.2015 to midnight of 19.09.2015
which is less than one year, such contention is rejected.
5. Having heard both parties and considering all such grounds
of challenge advanced, a reduced compensation of
Rs.15,00,000/- consolidated is proposed to the parties in
learned counsel for the claimant. Mr.Dutta, learned counsel
for the Insurer leaves it to the direction 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-Joint
Labour Commissioner, Cuttack, the Commissioner is
directed to disburse the reduced consolidated amount of Rs.
15,00,000/- (Rupees fifteen lakhs) with proportionate accrued
interest thereof in favour of the claimant within a period of
two months from today. The balance amount with
proportionate accrued interest thereof shall be refunded to
the Insurer-Appellant. The imposition of penalty and further
interest is waived.
7. The Appeal is accordingly disposed of.
( Dr. Sanjeeb K Panigrahi)
Judge
Murmu
