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D.M., Oriental Insurance Co. Ltd., Cuttack v. Padia Naik

Orissa HC4 Apr 2025FAO/78/2025

Case brief

AI extract

What is this about?

Oriental Insurance Co. Ltd. appeal; FAO No. 78 of 2025; High Court of Orissa at Cuttack; Dr. Justice S.K. Panigrahi; 76-day delay condoned; E.C. Case No.371-D of 2013; employees' compensation award of Rs. 12,10,170/- reduced to consolidated Rs. 8,00,000/- with accrued interest; balance refunded to insurer; penalty and 12% penal interest waived; coolie injury; Truck OR-09-E-2615; claimant Padia Naik.

What did the court decide?

Delay of 76 days in filing the appeal condoned; compensation reduced from Rs. 12,10,170/- to a consolidated Rs. 8,00,000/- payable to the claimant with proportionate accrued interest within two months; balance amount with accrued interest to be refunded to the Insurer-Appellant; penalty and penal interest @ 12% imposed by the Commissioner waived. ¶32

D.M., Oriental Insurance Co. Ltd., Cuttack Vs Padia Naik — Orissa HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the delay of 76 days in preferring the appeal should be condoned. +2 more

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Court's answer

The insurer's contention disputing the disability and income of the injured is rejected, there being no evidence adduced from the side of the insurer.

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Ratio / Principle

The delay of 76 days in preferring the Appeal is condoned and I.A. No.19 of 2025 is disposed of.

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Key takeaways

The compensation is reduced to a consolidated Rs. 8,00,000, as proposed in course of hearing and agreed by the claimant's counsel, the insurer's counsel leaving it to the discretion of the Court.ratio¶26
The Commissioner is directed to disburse the reduced consolidated amount of Rs. 8,00,000 with proportionate accrued interest in favour of the claimant within two months, and the balance amount with proportionate accrued interest is to be refunded to the Insurer-Appellant.ratio¶31

Detailed headnote1 paragraphs

Order of the High Court of Orissa at Cuttack (Dr. Justice S.K. Panigrahi, single Judge) disposing of First Appeal FAO No. 78 of 2025 preferred by the Divisional Manager, Oriental Insurance Co. Ltd. against the award dated 7th August, 2024 of the Commissioner for Employee’s Compensation-Cum-Joint Labour Commissioner, Cuttack in E.C. Case No.371-D of 2013, whereby Rs. 12,10,170/- was granted to the claimant for injuries sustained in course of his employment as a coolie of Truck No.OR-09-E-2615. A 76-day delay in filing the appeal was condoned (I.A. No.19 of 2025). The insurer's dispute of the claimant's disability and income was rejected for want of any evidence from the insurer's side. On a proposal made in course of hearing, agreed to by the claimant's counsel, compensation was reduced to a consolidated Rs. 8,00,000/-; the Commissioner was directed to disburse that amount with proportionate accrued interest to the claimant within two months and to refund the balance with accrued interest to the Insurer-Appellant; the penalty and penal interest @ 12% imposed by the Commissioner were waived.

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IN THE HIGH COURT OF ORISSA AT CUTTACK FAO No. 78 of 2025

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Divisional Manager, Oriental Insurance Co. Ltd.

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..…... Appellant(s) Mr. Pramod Kumar Tripathy, Adv.

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-versus-

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Padia Naik & 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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04.04.2025

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I.A. No.19 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 76 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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Signature Not Verified 5. I.A. is disposed of.

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Digitally Signed Signed by: LITARAM MURMU Designation: Personal Assistant Reason: Authentication Location: OHC Date: 05-Apr-2025 16:37:57

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FAO No.78 of 2025

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Heard Mr. Trippathy, 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 7^th August, 2024 passed by the Commissioner for Employee’s Compensation-Cum-Joint Labour Commissioner, Cuttack in E.C. Case No.371-D of 2013, wherein compensation to the tune of Rs. 12,10,170/- has been granted on account of injuries sustained by the claimant in course of his employment as a coolie of the Truck bearing registration No.OR-09-E-2615.

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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.

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Having heard both parties and considering all such grounds of challenge advanced, a reduced compensation of Rs.8,00,000/consolidated is proposed to the parties in course of hearing. The same is agreed by Mr. Mishra, learned counsel for the claimant. Mr. Tripathy, learned counsel for the Insurer leaves it to the

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Signature Not Verified discretion of the Court. Accordingly, the amount is reduced to

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Digitally Signed Signed by: LITARAM MURMU Designation: Personal Assistant Reason: Authentication Location: OHC Date: 05-Apr-2025 16:37:57

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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. 8,00,000/(Eight 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 Insurer-Appellant. However, penalty & penal interest @ 12% as directed by the Commissioner is waived.

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