IN THE HIGH COURT OF ORISSA AT CUTTACK

FAO No. 555 of 2025

The Manager, Legal Cholamandalam

MS General Insurance Co. Ltd.

Khordha ..…... Appellant(s)

Mr. Somnath Roy, Adv.

-Versus-

Prasanta Kumar Behera & Anr. ……. Respondent(s)

Mr. Karuna Kar Das, Adv.

(for R-1)

Mr. S. Patra, Adv.

(for R-2)

CORAM:

DR. JUSTICE SANJEEB K PANIGRAHI

ORDER

09.01.2026 Order No.

01.

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 20th September, 2025 passed by the Commissioner for Employee’s Compensation-cum-Divisional Labour Commissioner, Hqrs, Bhubaneswar in E.C. Case No.17 of 2024, wherein compensation to the tune of Rs.15,07,509/- along with simple interest @ 12% from the date of accident has been granted on account of the injuries sustained by the

Signature Not Verified

claimant/Respondent No.1 in course of his employment as a helper of the Truck bearing registration No.OR-09-G-2191.

Respondent No.2 was not adduced evidence and employment proof was also not filed by the Respondent No.2 for which employer and employee relationship between the Respondent No.2 and the claimant/Respondent No.1 was not established. It is also contended that the learned Commissioner has erred in law in holding that the Respondent No.1 sustained injuries in R.T.A. whereas no F.I.R. was lodged in connection with the accident. It is also submitted that the physical disability and loss of earning capacity of the Respondent No.1 at 60% and 85% respectively as assessed by the learned Commissioner is erroneous in absence of any disability certificate issued by Medical Board. It is also submitted that the wage of the Respondent No.1 assessed by the learned Commissioner at Rs.15,000/- per month is based without any documentary evidence and not in consonance with the Minimum wages of an unskilled workman as fixed by the labour and ESI Department of Government of Odisha. However, in absence of any rebuttal evidences adduced from the side of the appellant, said contentions are rejected.

5. Having heard both the parties and considering all such grounds of challenge advanced and evidences available on record, a Signature Not Verified reduced compensation of Rs.11,75,000/- consolidated is suggested to Mr. Das, learned counsel for the Respondent No.1 in course of hearing. The same is agreed by Mr. Das, learned counsel for 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, Hqrs, the Commissioner is directed to disburse the reduced consolidated amount of Rs.11,75,000/- (Rupees Eleven Lakhs Seventy-Five Thousand Only) with proportionate accrued interest thereon in favour of the claimant within a period of two months from today. The balance amount with proportionate accrued interest thereon shall be refunded to the Insurer- Appellant. However, penalty and penal interest @

12% as directed by the learned Commissioner is waived.

7. The Appeal is, accordingly, disposed of.

8. Urgent certified copy of this order be granted on proper application.

( Dr. Sanjeeb K Panigrahi)

Judge Murmu Signature Not Verified