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2025 Supreme(Online)(Ori) 2168
ORISSA HIGH COURT
S.K.PANIGRAHI, J
The Manager M/s. Oriental Insurance Company Ltd. – Appellant
Versus
Ramesh Chandra Sahoo & Anr. – Respondent
FAO No. 533 of 2024 | E.C. Case No.161 of 2016
For the Appellants/Petitioners: Mr. A. A. Khan
For the Respondents: Mr. Debashis Patnaik
Reduction of compensation based on lack of evidence; court's discretion in determining fair amount.
Headnote:The appeal against the compensation awarded under the Employee’s Compensation Act was analyzed. The court reduced the amount from Rs. 6,73,269/- to Rs. 4,70,000/, agreeing with the claimant's counsel while rejecting the insurer's contentions due to lack of evidence. Final decision directed the disbursement of the reduced compensation within two months.
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| 1. final decision made on compensation disbursement. (Para 6) |
ORDER
01.08.2025 Order No.
03. 1. This matter is taken up through hybrid arrangement.
2. Heard learned counsel for the parties.
3. The present appeal by the Insurer is directed against the impugned judgment/award dated 24.05.2024 passed by the Commissioner for Employee’s Compensation-cum-Divisional Labour Commissioner, Jajpur Road, Jajpur in E.C. Case No.161 of 2016, wherein compensation to the tune of Rs.6,73,269/- has been granted on account of the injuries sustained by the claimant un course of his employment as a Helper of the truck bearing registration No.OD-09-D-2595.
Signature Not Verified Digitally Signed Signed by: GITANJALI NAYAK
4. Mr. Khan, learned counsel for the Appellant though vehemently disputes the genuineness of the claim application, employment, disability and income of the injured, but in absence of any evidence adduced from the side of the Insurer, the said contention is rejected.
5. Having heard both the parties and considering all such grounds of challenge advanced, a reduced compensation of Rs.4,70,000/- consolidated is proposed to the parties in course of hearing. The same is agreed by Mr. Patnaik, learned counsel for the claimants. Mr. Khan, learned Counsel for the Insurer leaves it to the discretion of the Court. Accordingly, the amount is reduced to the said extent.
6. Since the entire awarded amount has been deposited before the Commissioner for Employee’s Compensation-cum- Divisional Labour Commissioner, Jajpur Road, Jajpur, the Commissioner is directed to disburse the reduced consolidated amount of Rs.4,70,000/- (Rupees four lakh seventy thousand) with proportionate accrued interest thereon in favour of the claimants within a period of two months from today. The balance amount with proportionate accrued interest thereon shall be refunded to Signature Not Verified Digitally Signed Signed by: GITANJALI NAYAK the Insurer-Appellant. However, penal interest @ 12% as directed by the Commissioner is waived.
7. The Appeal is, accordingly, disposed of.
