p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK F.A.O. No.404 of 2024 The Divisional Manager, M/s. Oriental Insurance Co. Ltd. …. Appellant (s) Represented By Mr. Somnath Roy -versus- Keshab Chandra Kaanra & Ors. …. Respondent(s) Represented By Adv. Mr. Debasish Patnaik CORAM: DR. JUSTICE S.K. PANIGRAHI Order No. ORDER 28.07.2025 I.A. No.743 of 2024 04. 1. This matter is taken up through hybrid arrangement. 2. This application has been filed for condoning the delay of 122 days in preferring the Appeal. 3. Heard. 4. Considering the submissions and ongoing through the averments made in this I.A., prayer is allowed. Delay in preferring the Appeal is, hereby, condoned. 5. The I.A. is accordingly disposed of. FAO No.404 of 2024 1. Heard Mr. Roy, learned counsel for the Appellant and Mr. Patnaik, learned counsel for the Respondents. p. 2 p. 2 2. Present Appeal by the Insurer is directed against impugned judgment/award dated 24th January, 2024 passed by the Commissioner for Employee’s Compensation-Cum-Divisional Labour Commissioner, Dhenkanal in E.C. Case No.12 of 2019, wherein compensation to the tune of Rs.14,02,488/- has been granted on account of the accidental death of the deceased in course of his employment as a Driver of the Truck bearing registration No.OD-05-AA-5587. 3. Mr. Roy, learned counsel for the Appellant though vehemently disputes the employment and income of the deceased, but in absence of any evidence adduced from the side of the insurer, said contention is rejected. 4. Having heard both parties and considering all such grounds of challenge advanced, a reduced compensation of Rs.11,50,000/- consolidated is proposed to the parties in course of hearing. The same is agreed by Mr. Patnaik, learned counsel for the claimant. Mr. Roy, 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-Divisional Labour Commissioner, Dhenkanal, the p. 3 p. 3 Commissioner is directed to disburse the reduced consolidated amount of Rs.11,50,000/- (Rupees Eleven Lakhs Fifty Thousand 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. 6. The Appeal is accordingly disposed of. 7. Issue urgent certified copy as per rules. (Dr. S.K. Panigrahi) Judge Sumitra