D.M, M/S.Oriental Insurance Co. Ltd., Cuttack Vs Susanta Kumar Swain — Orissa HC (2025) — LawSathi Research

D.M, M/S.Oriental Insurance Co. Ltd., Cuttack Vs Susanta Kumar Swain — Orissa HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Delay in filing the appeal condoned (I.A. No.388 of 2025); compensation reduced from Rs. 14,53,404/- to Rs. 7,00,000/- consolidated; Commissioner directed to disburse Rs. 7,00,000/- with proportionate accrued interest to the claimant within two months and to refund the balance with proportionate accrued interest to the insurer-appellant; penalty and penal interest @ 12% waived.

Issue for consideration

Whether the appellant-insurer's challenge to the disability and income of the injured claimant, assessed for the purposes of the compensation award, could be sustained despite the insurer having adduced no evidence of its own. +2 more

Court's answer

The appellant-insurer's vehement dispute of the disability and income of the injured was rejected because no evidence whatsoever had been adduced from the side of the insurer.

Ratio / Principle

A reduced consolidated compensation of Rs. 7,00,000/- (printed in the order as 'Rs.7,0,000/-') was proposed to the parties in the course of the hearing and was agreed to by learned counsel for the claimant.

Key takeaways

Learned counsel for the insurer left the proposed reduction to the Court's discretion, and the amount was accordingly reduced to that extent.ratio¶10
The Commissioner was directed to disburse the reduced consolidated amount of Rs. 7,00,000/- (Rupees Seven lakhs) with proportionate accrued interest in favour of the claimant within a period of two months.ratio¶10
The balance of the deposited award amount, with proportionate accrued interest, is to be refunded to the insurer-appellant.

Detailed headnote1 paragraphs

High Court of Orissa at Cuttack, FAO No.259 of 2025 (order dt. 17.07.2025, Dr. Justice S.K. Panigrahi) — Divisional Manager, M/s. Oriental Insurance Co. Ltd. (appellant-insurer) v. Susanta Kumar Swain & Ors. Appeal against the judgment/award dt. 29.10.2024 of the Commissioner for Employees' Compensation-cum-Joint Labour Commissioner, Cuttack in E.C. Case No.140-D of 2014, whereby Rs. 14,53,404/- was granted as compensation for injuries sustained by the claimant in the course of his employment as helper of Truck No.OR-05-S-7347. Delay in filing the appeal was condoned (I.A. No.388 of 2025). The insurer's challenge to the assessed disability and income of the injured was rejected, no evidence having been adduced by the insurer. On a reduction proposed by the Court in the course of the hearing — accepted by the claimant's counsel, with the insurer's counsel leaving the matter to the Court's discretion — compensation was reduced to Rs. 7,00,000/- (Rupees Seven lakhs) consolidated. The Commissioner was directed to disburse that sum with proportionate accrued interest to the claimant within two months, refund the balance with proportionate accrued interest to the insurer-appellant, and the penalty and penal interest @ 12% imposed by the Commissioner were waived. Appeal disposed of. No statute or precedent is expressly cited in the order.

IN THE HIGH COURT OF ORISSA AT CUTTACK

FAO No.259 of 2025

..... Divisional Manager, Appellant M/s. Oriental Insurance Mr. P. K. Tripathy, Co. Ltd. Advocate -versus- Susanta Kumar Swain & ..... Respondents Ors. Mr. P. K. Mishra, Advocate

CORAM:

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

ORDER

17.07.2025

Order

I.A. No.388 of 2025

No.

1 . This matter is taken up through hybrid

arrangement.

2. This is an application for condonation of delay in filing the Appeal.

3. Heard.

4. Considering the submissions made and on going through the averment taken in the petition, the prayer for condonation of delay in filing the Appeal is allowed.

5. The I.A. is accordingly disposed of.

Page 1 of 3.

FAO No.259 of 2025

6. Heard Mr. Trippathy, learned counsel for the Appellant and Mr. Mishra, learned counsel for the Respondents.

7 . Present appeal by the Insurer is directed against impugned judgment/award dated 29^th October, 2024 passed by the Commissioner for Employee’s Compensation-Cum-Joint Labour Commissioner, Cuttack in E.C. Case No.140-D of 2014, wherein compensation to the tune of Rs. 14,53,404/- 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-05-S-7347.

8 . Mr. Tripathy, learned counsel for the Appellant though vehemently disputes the disability and income of the injured, but in absence of any evidence adduced from the side of the insurer, said contention is rejected.

9 . Having heard both parties and considering all such grounds of challenge advanced, a reduced compensation of Rs.7,0,000/- consolidated is proposed to the parties in course of hearing. The same is agreed by Mr. Mishra, learned counsel for the claimant. Mr.

Page 2 of 3.

Tripathy, learned counsel for the Insurer leaves it to the discretion of the Court. Accordingly, the amount is reduced to said extent.

10 . 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.7,00,000/- (Rupees Seven 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 InsurerAppellant. However, penalty & penal interest @ 12% as directed by the Commissioner is waived.

11 . The Appeal is accordingly disposed of.

12 . Urgent certified copy of this order be granted on proper application.

(Dr. S.K Panigrahi) Judge

Signature Not Verified

Gitanjali Digitally Signed Signed by: GITANJALI NAYAK Reason: Authentication Location: OHC Date: 23-Jul-2025 18:10:29

Page 3 of 3.