DIVISIONAL MANAGER, ORIENTAL INSURANCE CO. LTD.,KHURDA v. LAXMIPRIYA BEHERA
FAO/87/2026 · 2026-04-07
B P Routray
body2026
DailyLaw.ai
[ 2026 DAILYLAW 1081 (ORI) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 1081 (ORI) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ORISSA AT CUTTACK FAO No.87 of 2026 Divisional Manager, Oriental Insurance Company Ltd., Khurda
….
Appellant
Mr.P.K.Mahali, Advocate
-versus-
Laxmipriya Behera and others …. Respondents Mr.D.Pattnaik, Advocate for Respondents 1 to 4
CORAM:
JUSTICE B. P. ROUTRAY
ORDER 7.4.2026
Order No. I.A.No.155 of 2026
1.
1. Heard Mr.Mahali, learned counsel for the Insurer-Appellant and Mr.Pattnaik, learned Advocate for claimant-Respondents No.1 to 4.
2. Upon hearing both parties and considering the grounds mentioned in the petition, delay in filing the appeal is condoned.
3. The I.A. is disposed of.
I.A.No.152 of 2026
4. Since in the meantime the award amount has been deposited, as submitted by the Appellant, the I.A. is disposed of.
FAO No.87 of 2026
5. Present appeal by the Insurer is directed against the impugned
judgment/award dated 2nd September 2024 passed by the Commissioner for Employee’s Compensation-Cum-Joint Labour Digitally Signed Signed by: CHITTA RANJAN BISWAL Reason: Authentication Location: Orissa High Court, Cuttack Date: 07-Apr-2026 17:28:25 Signature Not Verified p. 2 Commissioner, Cuttack, in E.C. Case No.215 of 2023, wherein compensation to the tune of Rs.11,30,499/- on account of death of the deceased in course of his employment as driver in Eicher Truck bearing Registration No.OD-02-BH-7810.
6. Having heard both parties and considering all such grounds of challenge advanced, a reduced compensation of Rs.8,90,000/- consolidated is proposed to the parties in course of hearing. The same is agreed by Mr.Pattnaik, learned counsel for claimant- Respondents No.1 to 4. Mr.Mahali, learned counsel for the Insurer leaves it to the discretion of the Court. Accordingly, the amount is reduced to said extent.
7. Since the entire award amount has been deposited before the Commissioner for Employee’s Compensation-Cum- Joint Labour Commissioner, Cuttack, the Commissioner is directed to disburse the modified consolidated amount of Rs.8,90,000/- (Eight lakhs ninety thousand) with proportionate accrued interest thereof in favour of the claimants within a period of two months from today. The balance amount with proportionate accrued interest thereof shall be refunded to the Insurer-Appellant. The penalty and penal interest as directed by learned Commissioner is waived.
8. The appeal is accordingly disposed of.
9. Urgent certified copy of this order be granted on proper application.
( B.P. Routray) Judge
C.R. Biswal