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Orissa High Court
The Manager vs Prasanta Kumar Behera & Anr on 9 January, 2026
Author: Sanjeeb K Panigrahi
Bench: Sanjeeb K Panigrahi
IN THE HIGH COURT OF ORISSA AT CUTTACK
FAO No. 555 of 2025
The Manager, Legal Cholamandalam
MS General Insurance Co. Ltd.
Khordha ........ Appellant(s)
Mr. Somnath Roy, Adv.
-Versus-
Prasanta Kumar Behera & Anr. ....... Respondent(s)
Mr. Karuna Kar Das, Adv.
(for R-1)
Mr. S. Patra, Adv.
(for R-2)
CORAM:
DR. JUSTICE SANJEEB K PANIGRAHI
ORDER
09.01.2026
Order No.
01.
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 20th September, 2025 passed by
the Commissioner for Employee's Compensation-cum-Divisional
Labour Commissioner, Hqrs, Bhubaneswar in E.C. Case No.17 of
2024, wherein compensation to the tune of Rs.15,07,509/- along
with simple interest @ 12% from the date of accident has been
granted on account of the injuries sustained by the
claimant/Respondent No.1 in course of his employment as a
helper of the Truck bearing registration No.OR-09-G-2191.
4. Mr. Roy, learned counsel for the Appellant contended as the
Respondent No.2 was not adduced evidence and employment
proof was also not filed by the Respondent No.2 for which
employer and employee relationship between the Respondent
No.2 and the claimant/Respondent No.1 was not established. It is
also contended that the learned Commissioner has erred in law in
holding that the Respondent No.1 sustained injuries in R.T.A.
whereas no F.I.R. was lodged in connection with the accident. It is
also submitted that the physical disability and loss of earning
capacity of the Respondent No.1 at 60% and 85% respectively as
assessed by the learned Commissioner is erroneous in absence of
any disability certificate issued by Medical Board. It is also
submitted that the wage of the Respondent No.1 assessed by the
learned Commissioner at Rs.15,000/- per month is based without
any documentary evidence and not in consonance with the
Minimum wages of an unskilled workman as fixed by the labour
and ESI Department of Government of Odisha. However, in
absence of any rebuttal evidences adduced from the side of the
appellant, said contentions are rejected.
5. Having heard both the parties and considering all such grounds
of challenge advanced and evidences available on record, a
to Mr. Das, learned counsel for the Respondent No.1 in course of
hearing. The same is agreed by Mr. Das, learned counsel for the
claimants. Mr. Roy, 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, Hqrs, the Commissioner is directed to
disburse the reduced consolidated amount of Rs.11,75,000/-
(Rupees Eleven Lakhs Seventy-Five Thousand Only) with
proportionate accrued interest thereon in favour of the claimant
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 and penal interest @
12% as directed by the learned Commissioner is waived.
7. The Appeal is, accordingly, disposed of.
8. Urgent certified copy of this order be granted on proper
application.
( Dr. Sanjeeb K Panigrahi)
Judge
Murmu
