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2025 DAILYLAW 3198 (ORI)

THE MANAGER LEGAL, M/S. LIBERTY VIDEOCON GENERAL INSURANCE COMPANY LTD., BBSR v. NIBASI DALEI

FAO/521/2025 · 2026-04-29

B P Routray

body2025

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK FAO No.521 of 2025 The Manager Legal, M/s.Liberty Videocon General Insurance Company Ltd., Bhubaneswar …. Appellant Mr.A.A.Khan, Advocate -versus- Nibasi Dalei and another …. Respondents Mr. D. Patnaik, Advocate for Respondent No.1 Mr.A.Patra, Advocate for Respondent No.2 CORAM: JUSTICE B. P. ROUTRAY ORDER 29.4.2026 Order No. 5. 1. Though the matter is listed for orders, on the request of learned counsels for respective parties, the matter is taken up for final disposal. 2. Heard Mr.Khan, learned counsel for Insurer-Appellant and Mr.Patnaik, learned Advocate for claimant-Respondent No.1. Mr.Patra, learned counsel for Respondent No.2-Owner, who submits to have filed power today morning. 3. Present appeal by the Insurer is directed against the impugned judgment/award dated 23rd July 2025 passed by the Commissioner for Employee’s Compensation-Cum-Divisional Labour Commissioner, Cuttack, in E.C. Case No.241-D/2017, wherein compensation to the tune of Rs.12,12,862/- on account of Digitally Signed Signed by: CHITTA RANJAN BISWAL Reason: Authentication Location: Orissa High Court, Cuttack Date: 29-Apr-2026 18:01:45 Signature Not Verified injury sustained by the claimant in course of his employment as helper in a Truck bearing Registration No.OR-02-AH-1071. 4. In course of hearing, it is submitted by Mr. Patnaik, learned counsel for claimant-Respondent No.1 that a consolidated amount of Rs.7,50,000/- as compensation would satisfy his purpose. Accordingly, when Appellant-Insurer is suggested with aforesaid amount, Mr.Khan, learned counsel for the Appellant leaves it to the discretion of the Court. As such, the reduced compensation of Rs.7,50,000/- as suggested on behalf of claimant-Respondent No.1 and not objected by Appellant-Insurer, is determined. 5. Since the entire compensation amount has already been deposited before learned Commissioner, out of the same a consolidated sum of Rs.7,50,000/- (Seven lakhs fifty thousand only) along with accrued interest thereof be disbursed in favour of the claimant – Respondent No.1 within a period of two months from today. The rest amount along with proportionate accrued interest shall be refunded to the Insurer-Appellant. However, the direction for payment of penal interest and penalty is waived. 6. The appeal is disposed of accordingly. 7. Urgent certified copy of this order be granted on proper application. ( B.P. Routray) Judge C.R. Biswal