The Regional Manager, M/S Oriental Insurance Co. Ltd., Bbsr Vs Mukesh Kumar Ray — Orissa HC (2025) — LawSathi Research

The Regional Manager, M/S Oriental Insurance Co. Ltd., Bbsr Vs Mukesh Kumar Ray — Orissa HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Delay of 36 days condoned; compensation reduced from Rs.18,19,638/- to Rs.13,50,000/- consolidated; Commissioner directed to disburse the reduced amount with proportionate accrued interest to the claimant within two months and refund the balance with proportionate accrued interest to the Insurer-Appellant; penalty and penal interest @ 12% waived.

Issue for consideration

Whether the 36-day delay in preferring FAO No.47 of 2025 ought to be condoned. +1 more

Court's answer

Delay of 36 days in preferring the appeal is condoned and I.A. No.71 of 2025 is disposed of.

Ratio / Principle

The insurer-appellant's contention disputing the disability and income of the injured claimant is rejected, since no evidence was adduced from the side of the insurer.

Key takeaways

On a proposal made in course of hearing, compensation is reduced to Rs.13,50,000/- consolidated; the reduction was agreed by learned counsel for the claimant, while counsel for the insurer left the matter to the discretion of the Court.ratio¶24
Since the entire awarded amount stands deposited before the Commissioner, the Commissioner is directed to disburse the reduced consolidated amount of Rs.13,50,000/- with proportionate accrued interest to the claimant within two months, and the balance amount with proportionate accrued interest is to be refunded to the Insurer-Appellant.ratio¶25

Detailed headnote1 paragraphs

Orissa High Court (Dr. S.K. Panigrahi, J.), order dated 05.05.2025: FAO No.47 of 2025 filed by the Regional Manager, M/s. Oriental Insurance Co. Ltd., Bhubaneswar against the award dated 20th September, 2024 of the Commissioner for Employee's Compensation-Cum-Divisional Labour Commissioner, Cuttack in E.C. Case No.85 of 2023, whereby Rs.18,19,638/- was granted to the respondent claimant for injuries sustained in course of his employment as driver of Truck No.OD-04-N-3611, was disposed of. The 36-day delay in filing was condoned (I.A. No.71 of 2025). The insurer's challenge to the disability and income of the injured was rejected for want of any evidence from its side; on a proposal made in course of hearing, compensation was reduced to Rs.13,50,000/- consolidated, agreed by claimant's counsel with the insurer's counsel leaving it to the Court. The Commissioner was directed to disburse the reduced amount with proportionate accrued interest to the claimant within two months and refund the balance with accrued interest to the insurer; the penalty and penal interest @ 12% directed by the Commissioner were waived.

IN THE HIGH COURT OF ORISSA AT CUTTACK

FAO No.47 of 2025

…. The Regional Manager, Appellant(s) M/s. Oriental Insurance Co. Ltd., Bhubaneswar

Ms. Rimjhimbala Pati, Adv.

-versus-

Mukesh Kumar Ray & Anr. …. Respondent(s) Mr. Pradeep Kumar Mishra, Adv.

CORAM:

HON’BLE DR.JUSTICE S.K. PANIGRAHI

Order ORDER

No. 05.05.2025

I.A. No.71 of 2025

1 . This matter is taken up through hybrid arrangement.

2 . This application has been filed for condoning the delay of 36 days in preferring the FAO.

3 . Heard.

4 . 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.

5 . This I.A. is, accordingly, disposed of.

F.A.O. No.47 of 2025

6 . Heard learned counsel for the Parties.

7 . Present appeal by the Insurer is directed against the

impugned judgment/ award dated 20^th September, 2024 Signature Not Verified Digitally SignedSigned by: AYASKANTA JENA passed by the Commissioner for Employee’s Designation: Personal Assistant Reason: Authentication Location: High Court of OrissaDate: 16-May-2025 21:11:56 Compensation-Cum-Divisional Labour Commissioner,

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Cuttack in E.C. Case No.85 of 2023 wherein compensation to the tune of Rs.18,19,638/- has been granted on account of injuries sustained by the claimant in course of his employment as a driver of the Truck bearing registration No.OD-04-N-3611.

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

9 . Having heard both the parties and considering all such grounds of challenge advanced, a reduced compensation of Rs.13,50,000/- consolidated is proposed to the parties in course of hearing. The same is agreed by Mr. Mishra, learned counsel for the claimant. Mrs. Pati, learned counsel for the Insurer leaves it to the discretion of the Court. Accordingly, the amount is reduced to the said extent.

10 . Since the entire awarded amount has been deposited before the Commissioner for Employee’s CompensationCum-Divisional Labour Commissioner, Cuttack, the Commissioner is directed to disburse the reduced consolidated amount of Rs.13,50,000/- (Rupees Thirteen lakh fifty thousand only) with proportionate accrued interest thereof in favour of the claimant within a period of Signature Not Verified Digitally Signed Signed by: AYASKANTA JENA Designation: Personal AssistantReason: Authentication two months from today. The balance amount with Location: High Court of Orissa Date: 16-May-2025 21:11:56 proportionate accrued interest thereof shall be refunded to

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Ayaskanta

the Insurer-Appellant. However, penalty and penal interest @ 12% as directed by the Commissioner is waived. 11. This Appeal is, accordingly, disposed of.

(Dr. S.K. Panigrahi) Judge

Signature Not Verified

Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 16-May-2025 21:11:56

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