D.M.,United India Insurance Co. Ltd.,Cuttack v. Himadri Bhukta
Case brief
What is this about?
United India Insurance appeal (FAO No. 131 of 2025), High Court of Orissa at Cuttack, Dr. Justice S.K. Panigrahi, order dated 15.07.2025. Employee's compensation death claim — E.C. Case No.313 of 2022 — award of Rs. 20,57,228/- for death of helper Rajkishore Bhukta of Truck No.OD-02-V-1397; insurer's challenge to deceased's income rejected for absence of evidence; compensation reduced by consent to Rs. 5,00,000 consolidated (five lakhs) with proportionate accrued interest to claimants Himadri Bhukta & Ors.; balance refunded to insurer; penalty and 12% penal interest waived; appeal disposed of; advocates Ramesh Chandra Sahoo (appellant) and Kapila Charan Nayak (respondents); hearing via hybrid arrangement.
What did the court decide?
Compensation reduced to Rs. 5,00,000/- consolidated as agreed in court; Commissioner for Employee's Compensation-Cum-Joint Labour Commissioner, Cuttack directed to disburse that amount with proportionate accrued interest to the Respondents/claimants within two months; balance amount with proportionate accrued interest to be refunded to the Insurer-Appellant; penalty & penal interest @ 12% as directed by the Commissioner waived.