The Divisional Manager vs Rajashree Nayak & Ors
2025 Latest Caselaw 8262 Ori

Orissa High Court

The Divisional Manager vs Rajashree Nayak & Ors on 15 September, 2025

Author: Sanjeeb K Panigrahi

Bench: Sanjeeb K Panigrahi

                                       IN THE HIGH COURT OF ORISSA AT CUTTACK

                                                       FAO No.322 of 2024

                                     The Divisional Manager,         ....              Appellant(s)
                                     Oriental Insurance Company
                                     Ltd., Cuttack
                                                                     Mr. Girija Prasad Dutta, Adv.
                                                               -versus-
                                     Rajashree Nayak & Ors.         ....            Respondent (s)

Mr. Biranchi Narayan Rath, Adv.

CORAM:

HON'BLE DR. JUSTICE SANJEEB K PANIGRAHI

Order ORDER No. 15.09.2025

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

2. The present appeal at the instance of the Insurance

Company is directed against the judgment/award dated

20.05.2024 passed by the learned Commissioner for

Employees' Compensation -cum- Joint Labour

Commissioner, Cuttack in E.C. Case No.100-D/2015, wherein

compensation to the tune of Rs.15,84,079/- has been granted

on account of death of one Bikash Nayak @ Babuni in course

of his employment as a labour of the Tractor and Trolley

bearing registration No.OD-29-A-3486 and No.OD-29-A-3489

respectively.

3. Heard learned counsel for the respective Parties.

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

Designation: Personal Assistant vehemently disputes the liability on the ground of non- Reason: Authentication Location: High Court of Orissa Date: 16-Sep-2025 14:10:35 payment of premium to the appellant for covering the risk of

the deceased, in view of the judgments reported in 2009(2)

OLR 982 and 2013 (2) OLR 359 the said contention is rejected.

Further, he also disputes the income and age of the deceased,

but in absence of any evidence adduced from the side of the

insurer on the income and age, the said contention is

rejected.

5. Having heard both the parties, considering the ground of

challenge, this Court finds that a reduced compensation of

Rs.12,25,000/- (Rupees Twelve lakh twenty-five thousand

only) as consolidated is proposed by Mr. Dutta, learned

counsel for the Appellant which is also agreed by Mr. Rath,

learned counsel for the Claimants. Mr. Dutta, learned

counsel for the Insurer leaves it to the discretion of the Court.

Accordingly, the amount is reduced to the said extent.

6. Since the entire awarded amount has been deposited

before the learned Commissioner for Employee's

Compensation-cum-Joint Labour Commissioner, Cuttack,

this Court directs the learned Commissioner to disburse the

reduced consolidated amount of Rs.12,25,000/- (Rupees

Twelve lakh twenty-five thousand 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. However, penalty and penal

Designation: Personal Assistant Reason: Authentication interest @ 12% as directed by the Commissioner is waived. Location: High Court of Orissa Date: 16-Sep-2025 14:10:35

7. This FAO is, accordingly, disposed of.

(Dr. Sanjeeb K Panigrahi) Judge Ayaskanta

Designation: Personal Assistant

Location: High Court of Orissa Date: 16-Sep-2025 14:10:35