Oriental Insurance Company Ltd vs Sangita Kumari & Ors
2026 Latest Caselaw 140 Ori

Orissa High Court

Oriental Insurance Company Ltd vs Sangita Kumari & Ors on 8 January, 2026

Author: Sanjeeb K Panigrahi

Bench: Sanjeeb K Panigrahi

                             IN THE HIGH COURT OF ORISSA AT CUTTACK
                                           FAO No. 443 of 2025

                    Oriental Insurance Company Ltd.               ........    Appellant(s)
                                                                    Mrs. N. Mohanty, Adv.


                                             -Versus-
                    Sangita Kumari & Ors.                       .......... Respondent(s)
                                                               Mr. Debashis Patnaik, Adv.
                                  CORAM:
                                  DR. JUSTICE SANJEEB K PANIGRAHI
                                             ORDER

08.01.2026 Order No.

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

2. Heard learned counsel for the parties.

3. The present appeal by the Insurer is directed against

the impugned judgment/award dated 03rd April, 2025 passed by

the Commissioner for Employee's Compensation-cum-Divisional

Labour Commissioner, Jagatsinghpur in E.C. Case No.54 of 2023,

wherein compensation to the tune of Rs.13,97,967/- has been

granted on account of the accidental death of the deceased in

course of his employment as a helper of the trailer bearing

registration No.OD-23-N-9308.

4. Mrs. Mohanty, learned counsel for the Appellant

though vehemently disputes the employment and income of the

deceased and so also the liability to pay the compensation amount,

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

insurer, said contention is rejected.

5. Having heard both the parties and considering all such

grounds of challenge advanced, a reduced compensation of

Rs.10,00,000/- consolidated is proposed to the parties in course of

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

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

Divisional Labour Commissioner, Jagatsinghpur, the

Commissioner is directed to disburse the reduced consolidated

amount of Rs.10,00,000/- (Rupees Ten Lakh) 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-

Digitally Signed Appellant. However, penalty & penal interest @ 12% as directed by

Location: OHC the Commissioner is waived. Date: 08-Jan-2026 17:56:39

7. The Appeal is, accordingly, disposed of.

( Dr. Sanjeeb K Panigrahi) Judge

Gitanjali