IN THE HIGH COURT OF ORISSA AT CUTTACK FAO No.512 of 2024 The Divisional Manager, M/s. Oriental Insurance Co. Ltd., Bhubaneswar …. Appellant(s) Mr. Santanoo Kumar Swain, Adv. -versus- Ajit Kumar Behera & Ors. …. Respondent (s) Mr. Pradeep Kumar Mishra, Adv. CORAM: HON’BLE DR. JUSTICE SANJEEB K PANIGRAHI Order No. ORDER 29.10.2025 I.A. No.932 of 2024 03. 1. This matter is taken up through hybrid arrangement. 2. This I.A. is filed for condoning the delay in preferring the FAO No.512 of 2024. 3. Heard. 4. Considering the submissions made on behalf of the parties and looking to the averments made in this I.A., this Court condones the delay in preferring the above noted FAO. 5. This I.A is, accordingly, disposed of. FAO No.512 of 2024 6. The present appeal at the instance of the Insurance Company is directed against the judgment/award dated 31.01.2024 passed by the learned Commissioner for Employees’ Compensation -cum- Divisional Labour Commissioner, Keonjhar in E.C. Case No.1/2020, wherein Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 30-Oct-2025 18:16:01 Signature Not Verified compensation to the tune of Rs.14,46,650/- has been granted on account of death of the deceased in course of his employment as a Driver of the Tipper bearing registration No.OR-09-H-0448. 7. Heard learned counsel for the respective Parties. 8. Mr. Swain, learned counsel for the Appellant though vehemently disputes the employment, reason of death and income of the deceased, in absence of any evidence adduced from the side of the insurer, the said contention is rejected. He further contends that as the deceased had no D.L, no liability can be saddled on the Insurer. 9. At this juncture, considering the submissions made by the learned counsel for both the Appellant and Respondent, this Court directs that the name of the deceased Respondent No.4 be deleted from the cause title of the brief as the legal heirs of the deceased Respondent No.4 are already on record. 10. Mr. Mishra, learned counsel for the Respondents, per contra, submits that admittedly the deceased had valid D.L which can be seen from Ext.-11 being marked without objection. Considering the rival submissions, on going through Ext.-11 and in absence of any oral or documentary evidence adduced by the Insurer on the above issue, the said contention is rejected. 11. Having heard both the parties and considering the ground of challenge, a reduced compensation of Rs.14,00,000/- (Rupees Fourteen lakh only) as consolidated is Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 30-Oct-2025 18:16:01 Signature Not Verified proposed to the parties. Mr. Mishra, learned counsel for the Claimants is also agreed to accept the said amount. Mr. Swain, learned counsel for the Insurer leaves it to the discretion of the Court. Accordingly, the amount is reduced to the said extent. 12. Since the entire awarded amount has been deposited before the learned Commissioner for Employees’ Compensation-cum-Divisional Labour Commissioner, Keonjhar, this Court directs the learned Commissioner to disburse the reduced consolidated amount of Rs.14,00,000/- (Rupees Fourteen lakh only) with proportionate accrued interest thereon in favour of the claimants within a period of two months from today. The balance amount with accrued interest thereon shall be refunded to the Appellant/Insurance Company. The levy of interest is waived. 13. This FAO as well as Cross-objection filed by the claimants are, accordingly, disposed of. (Dr. Sanjeeb K Panigrahi) Judge Ayaskanta Designation: Personal Assistant