The Divisional Manager vs Sisir Kumar Jena & Anr
2025 Latest Caselaw 8613 Ori

Orissa High Court

The Divisional Manager vs Sisir Kumar Jena & Anr on 23 September, 2025

Author: Sanjeeb K Panigrahi

Bench: Sanjeeb K Panigrahi

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                               FAO No. 412 of 2025

            The Divisional Manager, M/s. Oriental Insurance Co. Ltd.,
            Bhubaneswar                               ........    Appellant(s)
                                                             Mrs. R. Pati, Adv.


                                     -Versus-
            Sisir Kumar Jena & Anr.                    .......... Respondent(s)
                                                      Mr. Debashis Patnaik, Adv.
                       CORAM:
                       DR. JUSTICE SANJEEB K PANIGRAHI
                                     ORDER

23.09.2025 I.A No.797 of 2025 Order No.

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

2. This application has been filed for condoning the delay

of 77 days in preferring the Appeal.

3. Heard.

4. Considering the submissions made and on going

through the averments made in this I.A., prayer is allowed. Delay

in preferring the Appeal is, hereby, condoned.

5. The I.A. is, accordingly, disposed of.

6. Heard learned counsel for the parties.

7. The present appeal by the Insurer is directed against

the impugned judgment/award dated 10th March, 2025 passed by

the Commissioner for Employee's Compensation-cum-Joint

Labour Commissioner, Cuttack in E.C. Case No.55-D of 2016,

wherein compensation to the tune of Rs.10,81,555/- has been

granted on account of the injuries sustained by the claimant in

course of his employment as a Coolie of the truck bearing

registration No.OR-09-G-1071.

8. Mrs. Pati, learned counsel for the Appellant though

vehemently disputes the disability and income of the injured and

liability as vehicle was overloaded, but in absence of any evidence

adduced from the side of the insurer, said contentions are rejected.

9. Having heard both the parties and considering all such

grounds of challenge advanced, a reduced compensation of

Rs.8,00,000/- consolidated is proposed to the parties in course of

hearing. The same is agreed by Mr. Patnaik, learned counsel for the

claimants. Mrs. Pati, 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 Commissioner for Employee's Compensation-cum- Joint

Labour Commissioner, Cuttack, the Commissioner is directed to

disburse the reduced consolidated amount of Rs.8,00,000/- (Rupees

Eight Lakhs) with proportionate accrued interest thereon in favour

of the claimants within a period of two months from today. The

balance amount with proportionate accrued interest thereon shall

be refunded to the Insurer-Appellant. However, penalty & penal

interest @ 12% as directed by the Commissioner is waived.

11. The Appeal is, accordingly, disposed of.

(Dr. Sanjeeb K Panigrahi) Judge

Location: High Court of Orissa, Cuttack