The Divisional Manager vs Madhusmita Mohapatra @
2025 Latest Caselaw 7972 Ori

Orissa High Court

The Divisional Manager vs Madhusmita Mohapatra @ on 8 September, 2025

Author: S.K. Panigrahi

Bench: S.K. Panigrahi

          IN THE HIGH COURT OF ORISSA AT CUTTACK
                    F.A.O. No.239 of 2024

        The Divisional Manager,            ....          Appellant(s)
        National Insurance Co. Ltd.
                                                Represented By Adv.
                                                   Mr. P. K. Mahali

                            -versus-
        Madhusmita Mohapatra @       ....               Respondent(s)
        Mishra & Ors.
                                                Represented By Adv.
                                                   Mr. P. K. Behera
                                                    Mr. A.S. Nandy



                 CORAM:
                 DR. JUSTICE S.K. PANIGRAHI

                               ORDER

Order                         08.09.2025
No.

05. 1. This matter is taken up through hybrid arrangement.

2. Present appeal by the Insurer is directed against the

impugned judgment/award dated 12.04.2024 passed by

the learned Commissioner for Employees'

Compensation-cum-Deputy Labour Commissioner,

Angul in E.C. Case No.08 of 2023 wherein compensation

to the tune of Rs.12,23,025/- has been granted on account

of death of the deceased during course of his

employment as unskilled labourer under Respondent

No.5.

// 2 //

3. Heard.

4. Mr. Mahali, learned counsel for the Appellant

vehemently disputes the cause of death of the deceased.

The deceased had not died due to accident rather he died

due to cardiac arrest which is natural in nature. The

contention of Mr. Mahali is rejected as the deceased had

died during course of his employment as an unskilled

laborer under Respondent No.5.

5. As per the policy condition the liability of the

Insurance Company is Rs.9,99,456/- which is rounded to

Rs.10,00,000/-. Since the Employer i.e. the Respondent

No.5 has deposited the amount before the learned

Commissioner since 05.11.2022 and the same has been

disbursed to the Respondent Nos.1 to 4, hence, the

learned Commissioner is directed to disburse the

consolidated amount of Rs.10,00,000/- with interest @ 6%

from the date of deposit i.e. 05.11.2022 till the date of

cheque prepared by the Insurance Company i.e. on

10.03.2025. The interest amount came to Rs.1,60,000/-. The

total compensation amount came to Rs.11,60,000/-. The

learned Commissioner is directed to disburse the amount

of Rs.11,60,000/- in favour of the Respondent No.5 with

accrued interest from the date of deposit by the Insurance

Company before the Commissioner and the balance

// 3 //

amount of Rs.63,023/- with accrued interest shall be

refunded to the Appellant/Insurance Company within a

period of one month from the date of presentation of a

certified copy of this order.

6. This Appeal is accordingly, disposed of.

(Dr. S.K. Panigrahi) Judge Sumitra

Location: High Court of Orissa, Cutack