Legal Manager, M/S. Shriram General Insurance Co. Ltd., Khurda Vs Prasanna Kumar Dalai — Orissa HC (2025) — LawSathi Research

Legal Manager, M/S. Shriram General Insurance Co. Ltd., Khurda Vs Prasanna Kumar Dalai — Orissa HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Delay of 63 days in filing the appeal condoned; compensation reduced from Rs. 13,34,175/- to a consolidated Rs. 8,90,000/- with proportionate accrued interest payable to the claimant within two months; balance amount with proportionate accrued interest refunded to the Insurer-Appellant; penalty and penal interest @ 12% directed by the Commissioner waived.

Issue for consideration

Whether the 63-day delay in preferring the appeal should be condoned (I.A. No.523 of 2025). +3 more

Court's answer

Prayer in I.A. No.523 of 2025 allowed; the 63-day delay in preferring the appeal is condoned.

Ratio / Principle

The insurer's contention that it bears no liability for non-payment of premium is rejected in view of the judgment reported in 2009(2) OLR 982.

Key takeaways

The insurer's challenge to the disability and income of the injured is rejected because no evidence was adduced from the insurer's side on those aspects.ratio¶23
Compensation is reduced to Rs. 8,90,000/- consolidated, the reduced figure having been proposed in court and agreed by the claimant's counsel, with the insurer's counsel leaving it to the Court's discretion.ratio¶23

Detailed headnote1 paragraphs

Insurance appeal against employees' compensation award (High Court of Orissa, Dr. Justice S.K. Panigrahi, order dated 14.07.2025): The Court condoned the 63-day delay in filing the insurer's FAO (I.A. No.523 of 2025) and disposed of the appeal on merits. The insurer's plea that it incurred no liability because no premium was paid was rejected in view of 2009(2) OLR 982; its challenge to the assessed disability and income of the injured claimant failed for want of any rebuttal evidence from the insurer. By consensus in court, compensation was reduced from the awarded Rs. 13,34,175/- to a consolidated Rs. 8,90,000/-. The Commissioner was directed to disburse the reduced amount with proportionate accrued interest to the claimant within two months, the balance with accrued interest to be refunded to the Insurer-Appellant; the penalty and penal interest @ 12% imposed by the Commissioner were waived.

IN THE HIGH COURT OF ORISSA AT CUTTACK FAO No. 266 of 2025

Legal Manager, M/s. Shriram General Insurance Co. Ltd.

..…... Appellant(s) Mr.G. P. Dutta, Adv.

-versus-

Prasanna Kumar Dalai & Anr.

.……. Respondent(s)

Mr. Pradeep Kumar Mishra, Adv .

CORAM:

DR. JUSTICE S.K. PANIGRAHI

ORDER

14.07.2025 I.A. No.523 of 2025

Order No.

This matter is taken up through hybrid arrangement.

This application has been filed for condoning the delay of 63 days in preferring the Appeal.

Heard.

Considering the submissions and on going through the averments made in this I.A., prayer is allowed. Delay in preferring the Appeal is, hereby, condoned.

I.A. is disposed of.

FAO No.266 of 2025

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

2

Present appeal by the Insurer is directed against impugned judgment/award dated 20^th December, 2024 passed by the Commissioner for Employee’s Compensation-Cum-Joint Labour Commissioner, Cuttack in E.C. Case No.404-D of 2015, wherein compensation to the tune of Rs. 13,34,175/- has been granted on account of injuries sustained by the claimant in course of his employment as a labour of the Tractor bearing registration No.OR-05-AM-6130 and Trolley bearing Registration No.OR-05AM-6131.

Mr.Dutta, learned counsel for the Appellant though vehemently disputes the liability on the ground that no premium has been paid to applicant. But in view of the Judgment reported in 2009(2) OLR 982 such contention is rejected. Further he also dispute the disability and income of the injured, but in absence of any evidence adduced from the side of the insurer on income and disability, said contention is rejected. 4. Having heard both parties and considering all such grounds of challenge advanced, a reduced compensation of Rs.8,90,000/consolidated is proposed to the parties in course of hearing. The same is agreed by Mr. Mishra, learned counsel for the claimant. Mr. Dutta, learned counsel for the Insurer leaves it to the discretion of the Court. Accordingly, the amount is reduced to said extent.

3

Since the entire award amount has been deposited before the Commissioner for Employee’s Compensation-Cum-Joint Labour Commissioner, Cuttack, the Commissioner is directed to disburse the reduced consolidated amount of Rs. 8,90,000/(Rupees Eight Lakh Ninety Thousand) 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.

The Appeal is accordingly disposed of.

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

( Dr. S.K. Panigrahi)

Gitanjali

Signature Not Verified

Digitally Signed Signed by: GITANJALI NAYAK Reason: Authentication Location: OHC Date: 16-Jul-2025 17:12:25