Partly allowed

Legal Manager, M/S. Shriram General Insurance Co. Ltd., Khurda v. Bijaya Kumar Dalai

Orissa HC14 Jul 2025FAO/267/2025

Case brief

AI extract

What is this about?

The High Court of Orissa disposed of an appeal against an Employee's Compensation award. It allowed an application for condonation of 63 days delay regarding the appeal. Regarding the compensation, the Court addressed liability despite non-payment of premium and reduced the award amount to Rs. 9,30,000.

What did the court decide?

Delay in appeal condoned. Compensation reduced to Rs. 9,30,000. Balance refunded to Insurer. Penalty and penal interest waived. Appeal disposed of.

Legal Manager, M/S. Shriram General Insurance Co… — Writ and Judicial Review | Orissa HC (2025)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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FAO No. 267 of 2025

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

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

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-versus-

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Bijaya Kumar Dalai & Anr.

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.……. Respondent(s)

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Mr. Pradeep Kumar Mishra, Adv .

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CORAM:

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DR. JUSTICE S.K. PANIGRAHI

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ORDER

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14.07.2025 I.A. No.522 of 2025

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Order No.

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This matter is taken up through hybrid arrangement.

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

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Heard.

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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.

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I.A. is disposed of.

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FAO No.267 of 2025

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

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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.405-D of 2015, wherein compensation to the tune of Rs. 13,50,018/- 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.

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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.9,30,000/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.

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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.9,30,000/(Rupees Nine Lakh Thirty 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.

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The Appeal is accordingly disposed of.

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

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( Dr. S.K. Panigrahi)

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Judge

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Signature Not Verified Gitanjali

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

Legal Manager, M/S. Shriram General Insurance Co. Ltd., Khurda v. Bijaya Kumar Dalai

Case brief

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What did the court decide?

Legal Manager, M/S. Shriram General Insurance Co. Ltd., Khurda v. Bijaya Kumar Dalai

Case brief

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What did the court decide?

What the court decided

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