M/S.National Insurance Co. Ltd., Cuttack Vs Kuni Mohanty — Orissa HC (2026) — LawSathi Research

M/S.National Insurance Co. Ltd., Cuttack Vs Kuni Mohanty — Orissa HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Award modified: consolidated sum of Rs.12,50,000/- with accrued interest to be disbursed to claimants-Respondents 1 & 2 within two months; balance refunded to insurer-Appellant with proportionate accrued interest; penalty and penal interest waived.

Issue for consideration

Whether the delay in filing the appeal by the insurer should be condoned. +1 more

Court's answer

The delay in filing the appeal is condoned upon hearing both parties and considering the grounds mentioned in the limitation petition.

Ratio / Principle

The reduced consolidated compensation of Rs.12,50,000/-, as suggested on behalf of claimants-Respondents 1 & 2 and not objected to by the Appellant-Insurer, is determined.

Key takeaways

Out of the award amount deposited before the Commissioner, a consolidated sum of Rs.12,50,000/- along with accrued interest shall be disbursed to claimants-Respondents 1 & 2 within two months; the rest with proportionate accrued interest shall be refunded to the insurer-Appellant; penalty and penal interest are waived.ratio¶30
With the aforesaid modification of the award, the FAO is disposed of.ratio¶31

Detailed headnote1 paragraphs

M/s. National Insurance Co. Ltd. (insurer) preferred FAO No.763 of 2026 before the High Court of Orissa at Cuttack against the judgment and award dated 26.09.2025 passed by the Commissioner for Employee’s Compensation-cum-Divisional Labour Commissioner, Jajpur Road, Jajpur in W.C. Case No.78/11 (E.C. Case No.78/2011), whereby compensation of Rs.20,05,254/- including interest was granted to claimants Kuni Mohanty and another (Respondents 1 & 2) for the death of the deceased in course of and arising out of employment as a helper in Truck bearing Registration No.OR-04-D-9977 belonging to Respondent No.3. Delay in filing the appeal was condoned (I.A. No.1013 of 2026); the I.A. regarding deposit of the award amount was disposed of (I.A. No.154 of 2026). On the suggestion of the claimants’ counsel, unobjected to by the insurer, compensation was reduced to a consolidated Rs.12,50,000/-; that sum with accrued interest was ordered disbursed to the claimants within two months, the balance with proportionate accrued interest refunded to the insurer, and penalty and penal interest waived. With this modification of the award, the FAO was disposed of. Single Judge: B.P. Routray, J. Order dated 08.07.2026.

IN THE HIGH COURT OF ORISSA AT CUTTACK

FAO No.763 of 2026

M/s.National Insurance Co. Ltd., Cantonment Road, Cuttack

…. Appellant

Ms. S. Das, Advocate

-versus-

Kuni Mohanty and others …. Respondents Mr. K.C. Nayak, Advocate for Respondent Nos.1 & 2

CORAM: JUSTICE B. P. ROUTRAY

ORDER

08.07.2026

Order No.

I.A. No.154 of 2026

Since the receipt showing deposit of award amount before the Commissioner has been filed, the I.A. is disposed of.

I.A. No.1013 of 2026

Heard Ms. S. Das, learned counsel for the AppellantInsurance Company and Mr. K.C. Nayak, learned counsel for the Respondents1 & 2-claimants.

Upon hearing both parties and considering the grounds mentioned in the limitation petition, the delay in filing the appeal is condoned.

The I.A. is disposed of.

Page 1 of 3

Signature Not Verified

Digitally Signed Signed by: BASANTA KUMAR BARIK Reason: Authentication Location: High Court of Orissa, C utta ck Date: 08-Jul-2026 18:00:28

FAO No.763 of 2026

Though this matter is listed under the heading “For Orders”, but on the request of both the parties, the same is taken up for final disposal.

Present appeal by the insurer is directed against the judgment and award dated 26.09.2025 passed in W.C. Case No.78/11 (E.C. Case No.78/2011) by the Commissioner for Employee’s Compensation-cum-Divisional Labour Commissioner, Jajpur Road, Jajpur, wherein compensation to the tune of Rs.20,05,254/including interest has been granted to the claimants-Respondents 1 & 2 on account of death of the deceased in course of and arising out of the employment as a helper in Truck bearing Registration No.OR-04-D-9977 belonging to Respondent No.3.

In course of hearing, it is submitted by Mr. K.C. Nayak, learned counsel for claimants-Respondents 1 & 2, that a consolidated amount of Rs.12,50,000/- as compensation would satisfy his purpose. Accordingly, when Appellant-Insurer is suggested with aforesaid amount, Ms. S. Das, learned counsel for the Appellant leaves it to the discretion of the court. As such, the reduced compensation of Rs.12,50,000/- as suggested on behalf of claimants-Respondents 1 & 2 and not objected by the Appellant-Insurer, is determined.

Since the entire award amount has been deposited before the learned Commissioner, out of the same, a consolidated sum of Rs.12,50,000/- (Rupees Twelve Lakhs Fifty Thousand only) along with accrued interest thereof be disbursed in favour of the

Signature Not Verified

Page 2 of 3

Digitally Signed Signed by: BASANTA KUMAR BARIK Reason: Authentication Location: High Court of Orissa, C utta ck Date: 08-Jul-2026 18:00:28

claimants-Respondents 1 & 2 within a period of two months from today. The rest amount along with proportionate accrued interest shall be refunded to the insurer – Appellant. The penalty and penal interest is waived.

With aforesaid modification of the award, the FAO is disposed of.

An urgent certified of this order be granted on proper application.

( B.P. Routray)

B.K. Barik

Signature Not Verified

Page 3 of 3

Digitally Signed Signed by: BASANTA KUMAR BARIK Reason: Authentication Location: High Court of Orissa, C utta ck Date: 08-Jul-2026 18:00:28