MANAGER LEGAL, M/S. LIBERTY GENERAL INSURANCE CO.LTD. v. SUNITA PUNJI
FAO/273/2025 · 2025-11-12
S K Panigrahi
Public Interest Litigationbody2025
DailyLaw.ai
[ 2025 DAILYLAW 82151 (ORI) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 82151 (ORI) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ORISSA AT CUTTACK
FAO No. 273 of 2025 Manager Legal, M/s. Liberty General Insurance Co. Ltd.
..…... Appellant(s) Mr. Adam Ali Khan, Adv.
-Versus-
Sunita Punji & Ors.
…… Respondent (s) Mr. Kapila Charan Nayak, Adv. (for R-1 to 3) Mr. Sujit Sen, Adv. (for R-4)
CORAM:
DR. JUSTICE SANJEEB K PANIGRAHI
ORDER 12.11.2025
Order No.
01.
1. This matter is taken up through hybrid arrangement.
2. Heard learned counsel for the parties.
3. The present appeal by the Insurer is directed against the impugned judgment/award dated 9th December, 2024 passed by the Commissioner for Employee’s Compensation-cum-Joint Labour Commissioner, Cuttack in E.C. Case No.23/2023, wherein compensation to the tune of Rs.10,82,848/- has been granted on account of death of the deceased in course of his employment as a driver of the Scorpio bearing registration No.OD-03-V-6182.
4. Learned counsel for the Appellant though vehemently disputes the death of the deceased in course of his employment and income Digitally Signed Signed by: LITARAM MURMU Designation: P.A. Reason: Authentication Location: OHC Date: 13-Nov-2025 18:31:02 Signature Not Verified
2
of the deceased, due to absence of any cogent evidence adduced from the side of the insurer the said contention is rejected.
5. Having heard both the parties and considering all such grounds of challenge advanced, a reduced compensation of Rs.8,00,000/- as consolidated is proposed to the parties in course of hearing. The same is agreed by Mr. Nayak, learned counsel for the claimants. Mr. Khan, 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 Commissioner for Employee’s Compensation-cum-Joint Labour Commissioner, Cuttack, the Commissioner is directed to disburse the reduced consolidated amount of Rs.8,00,000/- (Rupees Eight lakhs) with proportionate accrued interest thereon in favour of the claimant within a period of two months from today. The balance amount with proportionate accrued interest thereon shall be refunded to the Insurer-Appellant. However, the penal interest @ 12% as directed by the Commissioner is waived.
7. The Appeal is, accordingly, disposed of.
( Dr. Sanjeeb K Panigrahi)
Judge Murmu Designation: P.A.