Orissa High Court
Manager vs Pratap Behera & Anr on 3 September, 2025
Author: Sanjeeb K. Panigrahi
Bench: Sanjeeb K. Panigrahi
IN THE HIGH COURT OF ORISSA AT CUTTACK
FAO No.391 of 2025
Manager, New India ..... Appellant
Assurance Co. Ltd. Mr. Prasanta Kumar
Mahali, Advocate
-versus-
Pratap Behera & Anr. ..... Respondents
Mr. Debasish Patnaik,
Advocate
CORAM:
THE HON'BLE DR. JUSTICE SANJEEB K. PANIGRAHI
ORDER
Order 03.09.2025
02. 1. This matter is taken up through hybrid
arrangement.
2. This is an application for dispensing with filing of
receipt showing deposit of the awarded amount before
the learned Commissioner.
3. It appears that the receipt showing deposit of the
awarded amount has already been filed by the Appellant.
Hence, this I.A. has become infructuous.
4. Accordingly, the I.A. is dismissed as infructuous.
5. Heard Mr. Mahali, learned counsel for the
Appellant and Mr. Patnaik, learned counsel for the
Respondent.
Digitally Signed Page 1 of 3.
6. Present appeal by the Insurer is directed against
impugned judgment/award dated 30th June, 2025 passed
by the Commissioner for Employee's Compensation-
Cum-Divisional Labour Commissioner, Jagatsinghpur in
E.C. Case No.20 of 2021, wherein compensation to the
tune of Rs.13,64,008/- has been granted on account of
injuries sustained by the claimant-Respondent No.1
during course of his employment as a helper of the Truck
bearing registration No. OR-01-C-0699.
7. Mr. Mahali, learned counsel for the Appellant
though vehemently disputes the disability and income of
the injured, took a specific ground that the injured helper
had sustained 50% disability and loss of earning capacity
70% as assessed by the treating doctor who is not an
orthopedic specialist. Hence, the learned Commissioner
should not have accepted the disability aspect and loss of
earning capacity as assessed by the concerned doctor. The
submission regarding the disability and loss of earning
capacity is reduced and the same is accepted by the
learned counsel for the Respondent No.1.
8. Having heard both parties and considering all
such grounds of challenge advanced, a reduced
compensation of Rs.7,75,000/- is proposed to the parties
in course of hearing. The same is agreed by Mr. Patnaik,
Digitally Signed Page 2 of 3.
learned counsel for the claimant. Mr. Mahali, learned
counsel for the Insurer leaves it to the direction of the
Court. Accordingly, the amount is reduced to the said
extent.
9. Since the entire award amount has been deposited
before the Commissioner for Employee's Compensation-
Cum-Divisional Labour Commissioner, Jagatsinghpur in
E.C. Case No.20 of 2021, the Commissioner is directed to
disburse the reduced consolidated amount of
Rs.7,75,000/- (Rupees Seven Lakh Seventy Five Thousand
only) with proportionate accrued interest thereof in
favour of the claimant(s) within a period of two months
from today. The balance amount of Rs.5,89,008/- with
proportionate accrued interest thereon shall be refunded
to the Insurer-Appellant. However, the penalty 50% and
penal interest @ 12% as directed by the Commissioner is
waived.
10. The Appeal is accordingly disposed of.
(Dr. Sanjeeb K. Panigrahi)
Judge
Gitanjali
Digitally Signed Page 3 of 3.
