IN THE HIGH COURT OF ORISSA AT CUTTACK FAO No. 519 of 2023 D.M. Oriental Insurance Co. Ltd. ..…... Appellant(s) Mr. Prasanta Kumar Mahali, Adv. -Versus- Sk. Abdul Kukar & Anr. .………. Respondent(s) Mr. Kalpataru Panigrahi, Adv. for R.1 CORAM: DR. JUSTICE S.K. PANIGRAHI ORDER 08.08.2025 Order No. 05. 1. This matter is taken up through hybrid arrangement. 2. Heard learned counsel for the Parties. 3. Present appeal by the Insurer is directed against the impugned judgment/ award dated 25th September, 2023 passed by the learned Commissioner for Employee’s Compensation-cum-Joint Labour Commissioner, Cuttack in E.C. Case No.108-D of 2017 wherein compensation to the tune of Rs.17,23,247/- has been granted on account of injuries sustained by the claimant during course of his employment as a helper in the Truck bearing registration No.OR- 21-7162. 4. Mr. Mahali, learned counsel for the Appellant though vehemently disputes the disability and income of the injured, took Digitally Signed Signed by: LITARAM MURMU Designation: Personal Assistant Reason: Authentication Location: OHC Date: 12-Aug-2025 19:07:32 Signature Not Verified 2 a specific ground that the injured was working as a helper in the Truck bearing Registration No. OR-21-B-3083, as the said vehicle had no Insurance at the time of the accident, the Truck bearing Registration No. OR-21-7162 has been planted in connivance with the owner of the vehicle. The contention of Mr. Mahali is rejected in absence of any evidence on behalf of the Appellant/Company. The Appellant/Insurance Company took further ground that the injured helper had sustained 70% disability and loss of earning capacity to the extent of 90% as assessed by the treating doctor who is not an orthopedic specialist. Hence, the learned Commissioner should not have accepted the disability and loss of earning capacity as assessed by the concerned doctor. The submission regarding the disability is reduced and the same is accepted by the learned counsel for the Respondent No.1. 5. Having heard both the parties and considering all such grounds of challenge advanced, it appears that a reduced compensation of a consolidated sum of Rs.7,00,000/- is proposed to the parties in course of hearing. The same is agreed by Mr. Panigrahi, learned counsel for the claimant. Mr. Mahali, learned counsel for the Insurer leaves it to the discretion of the Court. Accordingly, the amount is reduced to the said extent. 6. Since the entire awarded amount has been deposited before the learned Commissioner for Employee’s Compensation-cum-Joint Digitally Signed Signed by: LITARAM MURMU Designation: Personal Assistant Reason: Authentication Location: OHC Date: 12-Aug-2025 19:07:32 Signature Not Verified 3 Labour Commissioner, Cuttack, the Commissioner is directed to disburse the reduced consolidated amount of Rs.7,00,000/-(Rupees seven lakhs) with proportionate accrued interest thereof in favour of the claimant within a period of two months from today. The balance amount of Rs.10,23,247/- with proportionate accrued interest thereon shall be refunded to the Insurer-Appellant. However, the penalty 50% and penal interest @ 12% as directed by the Commissioner is waived. 7. This Appeal is, accordingly, disposed of. ( Dr. S.K. Panigrahi) Judge Murmu Designation: Personal Assistant