Disposed

Divisional Manager, M/S. Oriental Insurance Company Ltd., Khorda v. Bipin Bihari Sahoo

Orissa HC16 Jul 2025FAO/151/2025

Case brief

AI extract

What is this about?

Insurer appealed against a Commissioner's award of Rs.14,14,931 as employee compensation for injuries suffered by a truck helper. The court rejected the insurer's contentions for want of evidence and, on consent, reduced compensation to Rs.9,00,000 consolidated, waived penalty and 12% penal interest, and disposed of the appeal.

What did the court decide?

Compensation reduced to Rs.9,00,000 consolidated with proportionate accrued interest to be disbursed within two months; balance refunded to insurer; penalty and 12% penal interest waived.

Divisional Manager, M/S. Oriental Insurance Company… — Service and Employment | Orissa HC (2025)

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IN THE HIGH COURT OF ORISSA AT CUTTACK FAO No.151 of 2025

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..... Manager, Oriental Appellant Insurance Company Mr. A.A. Khan, Limited Advocate -versus..... Bipin Bihari Sahoo & Respondents Another Mr. Debashis Patnaik, Advocate

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CORAM:

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THE HON'BLE DR. JUSTICE S.K. PANIGRAHI

Order

No.

ORDER

16.07.2025

02.

1. This matter is taken up through hybrid

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arrangement.

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2. Heard.

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3. Present Appeal by the Insurer is directed against impugned judgment/award dated 6^th September, 2024 passed by the Commissioner for Employee’s Compensation-Cum-Joint Labour Commissioner, Cuttack in E.C. Case No.112-D of 2016, wherein compensation to the tune of Rs. 14,14,931/- has been granted on account of injuries sustained by the claimant in course of his employment as a Helper of the Truck bearing registration No.OR-05Q-2917.

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4 . Mr. Khan, learned counsel for the Appellant though vehemently disputes the disability and income of the

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Page 1 of 2.

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injured, but in absence of any evidence adduced from the side of the Insurer, the said contention is rejected.

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5 . Having heard both parties and considering all such grounds of challenge advanced, a reduced compensation of Rs.9,00,000/- consolidated is proposed to the parties in course of hearing. The same is agreed by Mr. Patnaik, learned counsel for the claimant. Mr. Khan, learned counsel for the Insurer leaves it to the direction of the Court. Accordingly, the amount is reduced to said extent. 6 . Since the entire award amount has been deposited before the Commissioner for Employee’s CompensationCum-Joint Labour Commissioner, Cuttack, the Commissioner is directed to disburse the reduced consolidated amount of Rs.9,00,000/- (Rupees nine lakhs) with proportionate accrued interest thereof in favour of the claimant within a period of two months from today. The balance amount with proportionate accrued interest thereof shall be refunded to the Insurer-Appellant. However, penalty & Penal interest @ 12% as directed by the Commissioner is waived.

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7 . The Appeal is accordingly disposed of.

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8 . Issue urgent certified copy as per rules.

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Signature Not Verified

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(Dr. S.K. Panigrahi) Judge

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Digitally Signed Signed by: NARAYAN HO Reason: Authentication Location: OHC Narayan Date: 17-Jul-2025 19:35:26

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Page 2 of 2.

Divisional Manager, M/S. Oriental Insurance Company Ltd., Khorda v. Bipin Bihari Sahoo

Case brief

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What did the court decide?

Divisional Manager, M/S. Oriental Insurance Company Ltd., Khorda v. Bipin Bihari Sahoo

Case brief

What is this about?

What did the court decide?

What the court decided

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