ORIENTAL INSURANCE COMPANY LTD., KHURDA v. SANGITA KUMARI
FAO/443/2025 · 2026-01-08
S K Panigrahi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 848 (ORI) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 848 (ORI) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ORISSA AT CUTTACK FAO No. 443 of 2025
Oriental Insurance Company Ltd. ..…... Appellant(s)
Mrs. N. Mohanty, Adv.
-Versus-
Sangita Kumari & Ors.
………. Respondent(s) Mr. Debashis Patnaik, Adv.
CORAM:
DR. JUSTICE SANJEEB K PANIGRAHI
ORDER 08.01.2026
Order No.
03.
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 03rd April, 2025 passed by the Commissioner for Employee’s Compensation-cum-Divisional Labour Commissioner, Jagatsinghpur in E.C. Case No.54 of 2023, wherein compensation to the tune of Rs.13,97,967/- has been granted on account of the accidental death of the deceased in course of his employment as a helper of the trailer bearing registration No.OD-23-N-9308. Digitally Signed Signed by: GITANJALI NAYAK Reason: Authentication Location: OHC Date: 08-Jan-2026 17:56:39 Signature Not Verified
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4. Mrs. Mohanty, learned counsel for the Appellant though vehemently disputes the employment and income of the deceased and so also the liability to pay the compensation amount, but in absence of any evidence adduced from the side of the insurer, said contention is rejected.
5. Having heard both the parties and considering all such grounds of challenge advanced, a reduced compensation of Rs.10,00,000/- consolidated is proposed to the parties in course of hearing. The same is agreed by Mr. Patnaik, learned counsel for the claimants. Mrs. Mohanty, 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- Divisional Labour Commissioner, Jagatsinghpur, the Commissioner is directed to disburse the reduced consolidated amount of Rs.10,00,000/- (Rupees Ten Lakh) with proportionate accrued interest thereon in favour of the claimants within a period of two months from today. The balance amount with proportionate accrued interest thereon shall be refunded to the Insurer- Appellant. However, penalty & penal interest @ 12% as directed by the Commissioner is waived.
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7. The Appeal is, accordingly, disposed of.
( Dr. Sanjeeb K Panigrahi) Judge Gitanjali