Orissa High Court
The Divisional Manager vs Ajit Kumar Behera & Ors on 29 October, 2025
Author: Sanjeeb K Panigrahi
Bench: Sanjeeb K Panigrahi
IN THE HIGH COURT OF ORISSA AT CUTTACK
FAO No.512 of 2024
The Divisional Manager, M/s. .... Appellant(s)
Oriental Insurance Co. Ltd.,
Bhubaneswar
Mr. Santanoo Kumar Swain, Adv.
-versus-
Ajit Kumar Behera & Ors. .... Respondent (s)
Mr. Pradeep Kumar Mishra, Adv.
CORAM:
HON'BLE DR. JUSTICE SANJEEB K PANIGRAHI
ORDER
Order 29.10.2025
No. I.A. No.932 of 2024
03. 1. This matter is taken up through hybrid arrangement.
2. This I.A. is filed for condoning the delay in preferring the
FAO No.512 of 2024.
3. Heard.
4. Considering the submissions made on behalf of the parties
and looking to the averments made in this I.A., this Court
condones the delay in preferring the above noted FAO.
5. This I.A is, accordingly, disposed of.
6. The present appeal at the instance of the Insurance
Company is directed against the judgment/award dated
31.01.2024 passed by the learned Commissioner for
Designation: Personal Assistant
Location: High Court of Orissa
Commissioner, Keonjhar in E.C. Case No.1/2020, wherein
Date: 30-Oct-2025 18:16:01
compensation to the tune of Rs.14,46,650/- has been granted
on account of death of the deceased in course of his
employment as a Driver of the Tipper bearing registration
No.OR-09-H-0448.
7. Heard learned counsel for the respective Parties.
8. Mr. Swain, learned counsel for the Appellant though
vehemently disputes the employment, reason of death and
income of the deceased, in absence of any evidence adduced
from the side of the insurer, the said contention is rejected.
He further contends that as the deceased had no D.L, no
liability can be saddled on the Insurer.
9. At this juncture, considering the submissions made by the
learned counsel for both the Appellant and Respondent, this
Court directs that the name of the deceased Respondent No.4
be deleted from the cause title of the brief as the legal heirs of
the deceased Respondent No.4 are already on record.
10. Mr. Mishra, learned counsel for the Respondents, per
contra, submits that admittedly the deceased had valid D.L
which can be seen from Ext.-11 being marked without
objection. Considering the rival submissions, on going
through Ext.-11 and in absence of any oral or documentary
evidence adduced by the Insurer on the above issue, the said
contention is rejected.
11. Having heard both the parties and considering the
Designation: Personal Assistant
ground of challenge, a reduced compensation of
Reason: Authentication
Location: High Court of Orissa
Date: 30-Oct-2025 18:16:01
Rs.14,00,000/- (Rupees Fourteen lakh only) as consolidated is
proposed to the parties. Mr. Mishra, learned counsel for the
Claimants is also agreed to accept the said amount. Mr.
Swain, learned counsel for the Insurer leaves it to the
discretion of the Court. Accordingly, the amount is reduced
to the said extent.
12. Since the entire awarded amount has been deposited
before the learned Commissioner for Employees'
Compensation-cum-Divisional Labour Commissioner,
Keonjhar, this Court directs the learned Commissioner to
disburse the reduced consolidated amount of Rs.14,00,000/-
(Rupees Fourteen lakh only) with proportionate accrued
interest thereon in favour of the claimants within a period of
two months from today. The balance amount with accrued
interest thereon shall be refunded to the Appellant/Insurance
Company. The levy of interest is waived.
13. This FAO as well as Cross-objection filed by the claimants
are, accordingly, disposed of.
(Dr. Sanjeeb K Panigrahi)
Judge
Ayaskanta
Designation: Personal Assistant
Location: High Court of Orissa
Date: 30-Oct-2025 18:16:01
