New Inida Assurance Co. Ltd.,Cuttack v. Bhagaban Barik
Case brief
What is this about?
Orissa High Court, FAO No.165 of 2025, decided 15.07.2025 by Dr. S.K. Panigrahi, J. New India Assurance Co. Ltd. (appellant-insurer) v. Bhagaban Barik & Anr. (respondents/claimant): appeal against award dated 28.02.2025 in E.C. Case No.410 D/2016 granting Rs.15,04,100/- to an injured truck driver (Truck no.OD-05-B-6625); insurer's challenge to disability and income rejected for lack of evidence; compensation reduced by consent to consolidated Rs.12,00,000/- with proportionate accrued interest, disbursable within two months; balance refunded to insurer; penalty and penal interest @12% waived; entire awarded amount stood deposited with the Commissioner at Cuttack.
What did the court decide?
Appeal disposed of by reducing the compensation to a consolidated sum of Rs.12,00,000/- with proportionate accrued interest, to be disbursed to the claimant by the Commissioner within two months; the balance amount with proportionate accrued interest to be refunded to the Insurer-Appellant; penalty and penal interest @ 12% directed by the Commissioner waived.