IN THE HIGH COURT OF ORISSA AT CUTTACK F.A.O. No.99 of 2025 The Divisional Manager, M/s. United India Insurance Company Ltd. …. Appellant(s) Represented By Adv. Mr. Jayasankar Mishra -versus- Banita Swain & Ors. …. Respondent(s) Represented By Adv. Mr. Sarat Chandra Swain CORAM: DR. JUSTICE SANJEEB K. PANIGRAHI Order No. ORDER 18.08.2025 04. 1. This matter is taken up through hybrid arrangement. 2. Heard Mr. Mishra, learned counsel for the Appellant and Mr. Swain, learned counsel for the Respondents. 3. Present Appeal by the Insurer is directed against impugned judgment/award dated 30.11.2024 passed by the commissioner for Employee's Compensation Cum- Divisional Labour commissioner, Dhenkanal. In E.C. Case No. 15/2021, wherein compensation to the tune of Rs.14,41,050/- along with 12% interest from the incident i.e. 28.02.2021 has been granted on account death of the Driver namely Dhaneswar Swain @ Dhania in course of his employment as a Driver of the Car bearing registration No. OD-02-BM-6413. 4. Mr. Mishra, learned counsel for the Appellant though vehemently disputes the employment, Cause of death and income of the deceased, but in absence of any evidence adduced from the side of the insurer, said contention is rejected. 5. Having heard both parties and considering all such grounds of challenge advanced, a consolidated compensation amount of Rs.15,00,000/- is proposed to the parties in course of hearing. The same is agreed by Mr. Swain learned counsel for the claimant/ Respondents. Mr. Mishra, learned counsel for the Insurer leaves it to the direction of the Court, Accordingly, the amount is settled to said extent. 6. Since the entire award amount has been deposited before the Commissioner for Employee's Compensation Cum-Divisional Labour Commissioner, Dhenkanal the Commissioner is directed to disburse the consolidated amount of Rs.15,00,000/- (Rupees Fifteen Lakhs only) 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 and penal interest @ 12% as directed by the commissioner is waived. 7. The Appeal is accordingly disposed of. 8. Interim order, if any, passed earlier stands vacated. 9. Issue urgent certified copy as per rules. (Dr. Sanjeeb K. Panigrahi) Judge Sumitra