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2025 DAILYLAW 4116 (ORI)

M/S. ORIENTAL INSURANCE CO. LTD. v. CHAKRADHAR PRADHAN

FAO/563/2025 · 2026-02-02

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.563 of 2025 M/s.Oriental Insurance Co. Ltd., Saheed Nagar, Bhubaneswar …. Appellant Mr. N.B. Das, Advocate -versus- Chakradhar Pradhan and others …. Respondents Mr. D. Patnaik, Advocate for Respondent No.2 CORAM: JUSTICE B. P. ROUTRAY ORDER 02.02.2026 Order No. I.A. No.1118 of 2025 01. 1. Since the receipt showing deposit of award amount before the Commissioner has been filed, the I.A. is disposed of. FAO No.563 of 2025 2. Heard Mr. N.B. Das, learned counsel for the Appellant- Insurance company and Mr. D. Patnaik, learned counsel for the Respondent No.2-claimant. 3. Present appeal by the insurer is directed against the judgment and award dated 21.11.2025 passed in E.C. Case No.530-D/2013 by the Commissioner for Employee’s Compensation-cum- Divisional Labour Commissioner, Cuttack, wherein compensation to the tune of Rs.22,37,873/- including interest has been granted to the claimants-Respondent Nos.1 & 2 on account of death of the deceased in course of and arising out of the employment as a driver in a Tanker bearing Registration No.OR- 05-P-4607 belonging to Respondent No.3. Digitally Signed Signed by: BASANTA KUMAR BARIK Reason: Authentication Location: High Court of Orissa, Cuttack Date: 03-Feb-2026 14:57:47 Signature Not Verified p. 2 4. Upon hearing both the parties and considering all such grounds of challenge advanced, a reduced compensation of Rs.13,00,000/- (Rupees Thirteen Lakhs only) consolidated is proposed to the parties in course of hearing. Mr. D. Patnaik, learned counsel for the claimant-Respondent No.2 agrees to the same and Mr. N.B. Das, 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.13,00,000/- along with proportionate accrued interest be disbursed in favour of the claimants-Respondent Nos.1 & 2 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