IN THE HIGH COURT OF ORISSA AT CUTTACK FAO No.471 of 2025 Oriental Insurance …. Appellant(s)

Company Ltd., Bhubaneswar Ms. Nibedita Mohanty, Adv.

-versus-

Purnananda Swain & …. Respondent(s)

Ors.

Mr. Bijayananda Samantaray, Adv.

Mr. Kapila Charan Nayak, Adv.

CORAM:

HON’BLE DR.JUSTICE SANJEEB K PANIGRAHI Order ORDER No. 22.12.2025

02. 1. This matter is taken up through hybrid arrangement.

2. The present appeal at the instance of the Insurance Company is directed against the judgment/award dated 07.05.2025 passed by the learned Commissioner for Employees’ Compensation -cum- Divisional Labour Commissioner, Cuttack in E.C. Case No.320-D/2015, wherein compensation to the tune of Rs.9,97,154/- has been granted on account of injuries of the Respondent No.1 in course of his employment as a helper of the vehicle bearing registration No.OR-04-K-5416.

Signature Not Verified

3. Heard learned counsel for the respective Parties.

Digitally Signed

4. Learned counsel for the Appellant though vehemently disputes the employment and liability of the insurer to pay compensation, in absence of any evidence adduced from the side of the insurer the said contention is rejected.

5. Having heard both the parties, considering the ground of challenge, a reduced compensation of Rs.7,00,000/- (Rupees Seven lakh only) as consolidated is proposed to the parties in course of hearing. The same is agreed by the learned counsel for the Claimants. 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 learned Commissioner for Employee’s Compensation-cum-Divisional Labour Commissioner, Cuttack, this Court directs the learned Commissioner to disburse the reduced consolidated amount of Rs.7,00,000/- (Rupees Seven lakh only) with proportionate accrued interest thereon in favour of the claimants within a period of two months from today. The balance amount with accrued interest thereon shall be refunded to the Appellant/Insurance Company. However, 50% penalty and penal interest @ 12% per annum as directed by the learned Commissioner is waived.

Signature Not Verified Digitally Signed

7. This FAO is, accordingly, disposed of.

(Dr. Sanjeeb K Panigrahi)

Judge Ayaskanta Digitally Signed