Orissa High Court
The Divisional Manager vs Salama Bibi & Ors on 22 September, 2025
Author: Sanjeeb K Panigrahi
Bench: Sanjeeb K Panigrahi
IN THE HIGH COURT OF ORISSA AT CUTTACK
FAO No.409 of 2025
The Divisional Manager .... Appellant(s)
Legal, M/s. Shri Ram General
Insurance Company Ltd.,
Rajasthan
Mr. G.P. Dutta, Adv.
-versus-
Salama Bibi & Ors. .... Respondent (s)
Mr. Karunakar Das, Adv.
CORAM:
HON'BLE DR. JUSTICE SANJEEB K PANIGRAHI
ORDER
Order 22.09.2025
01. 1. This matter is taken up through hybrid arrangement.
2. This I.A. is filed for condoning the delay in preferring the
FAO No.409 of 2025.
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
21.05.2025 passed by the learned Commissioner for
Employees' Compensation -cum- Joint Labour
Designation: Personal Assistant
Commissioner, Cuttack in E.C. Case No.197-D/2013, wherein
Reason: Authentication
Location: High Court of Orissa
compensation to the tune of Rs.14,43,489/- has been granted
on account of death of the deceased in course of his
employment as a helper of the Truck bearing registration
No.OR-05-0691.
7. Heard learned counsel for the respective Parties.
8. Mr. Dutta, learned counsel for the Appellant though
vehemently disputes the liability on the ground of non-
payment of premium to the appellant for covering the risk of
the deceased, in view of the judgments reported in 2009(2)
OLR 982 the said contention is rejected. Further, he also
disputes the income and reason of death of the deceased, but
in absence of any evidence adduced from the side of the
insurer on the said aspects, the said contention is rejected.
9. Having heard both the parties, considering the ground of
challenge, this Court finds that a reduced compensation of
Rs.9,80,000/- (Rupees Nine lakh eighty thousand only) as
consolidated is proposed by Mr. Dutta, learned counsel for
the Appellant which is also agreed by Mr. Das, 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.
10. 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.9,80,000/- (Rupees Nine
Designation: Personal Assistant
Reason: Authentication
Location: High Court of Orissa
lakh eighty 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 interest @ 12% as
directed by the Commissioner is waived.
11. This FAO is, accordingly, disposed of.
(Dr. Sanjeeb K Panigrahi)
Judge
Ayaskanta
Designation: Personal Assistant
Location: High Court of Orissa
