THE DIVISIONAL MANAGER, M/S.ORIENTAL INSURANCE COMPANY.LTD,KHURDA v. MAMATA PALEI ALIAS POLEI
FAO/504/2025 · 2026-04-06
B P Routray
body2025
DailyLaw.ai
[ 2025 DAILYLAW 978 (ORI) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 978 (ORI) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK
FAO No.504 of 2025
The Divisional Manager, M/s. Oriental Insurance Co.Ltd., Khurda
….
Appellant Mr. P.K.Mohanty along with Ms. S.Das, Advocate -versus- Mamata Palei @ Polei & Ors. …. Respondents Mr. Debasish Patnaik, counsel for Respondent No.1 to 5
CORAM:
SHRI JUSTICE B. P. ROUTRAY
ORDER 06.04.2026
Order No.
04.
1. The matter is taken up through hybrid mode.
2. Heard Mr. Mohanty, learned counsel for the insurer –Appellant and Mr. D. Patnaik, learned counsel for the claimant – Respondents 1 to 5.
3. Present appeal by the insurer is directed against the impugned
judgment dated 19th August 2025 of learned Commissioner for Employee’s Compensation-cum-Joint Labour Commissioner, Bhubaneswar passed in E.C. Case No.38 of 2019, wherein compensation to the tune of Rs.19,94,000/- has been granted on account of death of the deceased in course of his employment as driver of the Mini Truck bearing registration No.OR-02-BS-5256.
4. Upon hearing both parties and considering all such grounds of challenge advanced, a reduced compensation of Rs.15,00,000/- Digitally Signed Signed by: SANGRAM DAS Reason: Authentication Location: High Court of Orissa, Cuttack Date: 06-Apr-2026 17:59:05 Signature Not Verified p. 2 consolidated is proposed to the parties. This is agreed by Mr. D. Patnaik, learned counsel for claimant – Respondents 1 to 5 and Mr. Mohanty, learned counsel for the insurer leaves it to the discretion of the court. Accordingly the compensation amount is fixed to said extent.
5. Since the entire compensation amount has already been deposited before learned Commissioner, out of the same a consolidated sum of Rs.15,00,000/- (Fifteen lakhs) along with accrued interest thereof be disbursed in favour of the claimant – Respondents within a period of two months from today. The rest amount along with proportionate accrued interest be refunded to the insurer – Appellant.
6. However the direction for payment of penal interest and penalty is waived.
7. The appeal is disposed of accordingly.
8. An urgent certified copy of this order be issued as per rules.
( B.P. Routray) Judge S.Das