MANAGER, NEW INDIA ASSURANCE CO. LTD., CUTTACK v. RAMESH CHANDRA BEHERA@RAMESH BEHERA
FAO/222/2025 · 2025-07-16
S K Panigrahi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 32005 (ORI) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 32005 (ORI) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page 1 of 3.
IN THE HIGH COURT OF ORISSA AT CUTTACK FAO No.222 of 2025 Divisional Manager, New India Assurance Company Limited ..... Appellant Mr. P.K. Mahali,
Advocate -versus- Ramesh Chanda Behera @ Ramesh Behera & Another .....
Respondents Mr. Pradeep Ku. Mishra, Advocate
CORAM:
THE HON'BLE DR. JUSTICE S.K. PANIGRAHI
Order No.
ORDER 16.07.2025 I.A. No.369 of 2025
01.
1. This matter is taken up through hybrid arrangement.
2. Heard.
3. Considering the submissions and on going through the averments made in this I.A., prayer for acceptance of additional evidence by the Appellant-Insurance Company is allowed and the documents are accepted.
4. The I.A. is accordingly disposed of.
FAO No.222 of 2025
1. Heard Mr. Mahali, learned counsel for the Appellant and Mr. Mishra, learned counsel for the Respondent No.1.
2. Present Appeal by the Insurer is directed against impugned judgment/award dated 18th March, 2025 passed by the Commissioner for Employee’s Compensation-
Page 2 of 3. Cum-Joint Labour Commissioner, Cuttack in E.C. Case No.192 of 2023, wherein compensation to the tune of Rs. 15,42,582/- has been granted on account of injuries sustained by the claimant in course of his employment as a Driver of the Truck bearing registration No.OD-01M-
2743.
3. Mr. Tripathy, learned counsel for the Appellant though vehemently disputes the disability and income of the injured and documents filed for acceptance of additional evidence, the said contention is allowed.
4. Having heard both parties and considering all such grounds of challenge advanced, a reduced compensation of Rs.6,00,000/- consolidated is proposed to the parties in course of hearing. The same is agreed by Mr. Mishra,
learned counsel for the claimant. Mr. Mahali, learned counsel for the Insurer leaves it to the direction of the Court. Accordingly, the amount is reduced to said extent.
5. Since the entire award amount has been deposited before the Commissioner for Employee’s Compensation- Cum-Joint Labour Commissioner, Cuttack, the Commissioner is directed to disburse the reduced consolidated amount of Rs.6,00,000/- (Rupees six lakhs) with proportionate accrued interest thereof in favour of the claimant within a period of two months from today. The balance amount of Rs.9,42,582/- (Rupees nine lakhs
Page 3 of 3. forty-two thousand five hundred eighty-two) with proportionate accrued interest thereof shall be refunded to the Insurer-Appellant. However, penalty & Penal interest @ 12% as directed by the Commissioner is waived.
6. The Appeal is accordingly disposed of.
7. Issue urgent certified copy as per rules.
(Dr. S.K. Panigrahi) Judge
Narayan