Manager vs Padmabati Sahu &Ors
2025 Latest Caselaw 9524 Ori

Orissa High Court

Manager vs Padmabati Sahu &Ors on 29 October, 2025

Author: Sanjeeb K Panigrahi

Bench: Sanjeeb K Panigrahi

                              IN THE HIGH COURT OF ORISSA AT CUTTACK
                                                FAO No. 345 of 2024


                             Manager, M/s. TATA AIG General
                             Insurance Company Ltd.                    ........   Appellant(s)
                                                                         Mr. Adam Alli Khan, Adv.

                                                       -Versus-
                             Padmabati Sahu &Ors.                     ....... Respondent (s)
                                                                  Mr. Pradeep Kumar Mishra, Adv.
                                     CORAM:
                                     DR. JUSTICE SANJEEB K PANIGRAHI
                                                 ORDER

29.10.2025 Order No.

04.

1. This matter is taken up through hybrid arrangement.

2. Heard Mr. Khan, learned counsel for the Appellant and Mr.

Mishra, learned counsel for the Respondents.

3. Present appeal by the Insurer is directed against impugned

judgment/award dated 31st May, 2024 passed by the

Commissioner for Employee's Compensation-Cum-

Divisional Labour Commissioner, Angul in E.C. Case No.12

of 2018, wherein compensation to the tune of Rs. 6,25,880/-

along with 12% interest from the date of accident has been

granted on account of death of the deceased out of and in

course of his employment as a driver of the Bolero Maxima

Mini Truck bearing registration No.OD-19-F-6584.

4. Mr. Khan, learned counsel for the Appellant though

vehemently disputes the employment and income of the

deceased, but in absence of any cogent and convincing

evidence adduced from the side of the insurer, said

contention is rejected.

5. Having heard both parties and considering all such grounds

of challenge advanced, a reduced compensation of

Rs.9,95,000/- consolidated is proposed to the parties in course

of hearing. The same is agreed by Mr. Mishra, 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 said extent.

6. Since the entire award amount along with interest has been

deposited before the Commissioner for Employee's

Compensation-Cum-Divisional Labour Commissioner,

Angul, the Commissioner is directed to disburse the reduced

consolidated amount of Rs. 9,95,000/-(Nine lakhs Ninety Five

thousand) with proportionate accrued interest thereof in

favour of the claimants within a period of two months from

today. The balance amount with proportionate accrued

interest thereof shall be refunded to the Insurer-Appellant.

However, penal interest @ 12% as directed by the

Commissioner is waived.

7. The Appeal is accordingly disposed of.

8. Urgent certified copy of this order be granted on proper

application.

( Dr. Sanjeeb K Panigrahi) Judge Murmu