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2025 DAILYLAW 2785 (ORI)

MANAGER LEGAL, M/S. CHOLAMANDALAM MS GENERAL INSURANCE CO. LTD., KHURDA v. BIJAY JENA

FAO/526/2025 · 2026-03-19

B P Routray

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK FAO No.526 of 2025 The Manager Legal, M/s.Cholamandalam MS General Insurance Company Limited, Bhubaneswar …. Appellant Mr. A.A. Khan, Advocate -versus- Bijay Jena and another …. Respondents Mr. D. Patnaik, Advocate for Respondent No.1 CORAM: JUSTICE B. P. ROUTRAY ORDER 19.03.2026 Order No. I.A. No.1062 of 2025 02. 1. Since the receipt showing deposit of award amount before the Commissioner has been filed, the I.A. is disposed of. FAO No.526 of 2025 2. Heard Mr. A.A. Khan, learned counsel for the Appellant- Insurance Company and Mr. D. Patnaik, learned counsel for the Respondent No.1-claimant. 3. Present appeal by the insurer is directed against the judgment and award dated 09.10.2025 passed in E.C. Case No.30/2021 by the Commissioner for Employee’s Compensation-cum-Joint Labour Commissioner, Cuttack, wherein compensation to the tune of Rs.13,46,689/- including interest has been granted to the claimant-Respondent No.1 on account of the injury sustained by him in course of and arising out of the employment as a helper in Digitally Signed Signed by: BASANTA KUMAR BARIK Reason: Authentication Location: High Court of Orissa, Cuttack Date: 19-Mar-2026 18:16:16 Signature Not Verified p. 2 a Truck bearing Registration No.OR-05-AR-5783 belonging to Respondent No.2. 4. Upon hearing both the parties and considering all such grounds of challenge advanced, a reduced compensation of Rs.6,50,000/- (Rupees Six Lakhs Fifty Thousand only) consolidated is proposed to the parties in course of hearing. Mr. D. Patnaik, learned counsel for the claimant-Respondent No.1 agrees to the same and Mr. A.A. Khan, learned counsel for Appellant-Insurance Company leaves it to the discretion of the Court. The compensation amount is accordingly fixed to that extent. 5. Since the entire award amount has been deposited before the learned Commissioner, out of the said amount, a sum of Rs.6,50,000/- along with proportionate accrued interest be disbursed in favour of the claimant-Respondent No.1 within a period of eight weeks from today and the balance amount along with proportionate accrued interest thereon shall be refunded to the Appellant-Insurance Company within the same period on proper application. The penalty and penal interest is waived. 6. With aforesaid modification of the award, the FAO is disposed of. 7. An urgent certified copy of this order be granted on proper application. ( B.P. Routray) Judge B.K. Barik