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2026 DAILYLAW 2127 (ORI)

MANAGER, LEGAL, CHOLA MS GENERAL INSURANCE CO. LTD. v. PRASANTA KUMAR BALA

FAO/21/2026 · 2026-04-06

B P Routray

body2026

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK FAO No.21 of 2026 Manager, Legal, Chola MS General Insurance Co.Ltd …. Appellant Mr. G.P.Dutta, Advocate -versus- Prasanta Kumar Bala & Anr. …. Respondents Mr. K.K.Das, Advocate CORAM: SHRI JUSTICE B. P. ROUTRAY ORDER 06.04.2026 I.A. No.36 of 2026 Order No. 04. 1. The matter is taken up through hybrid mode. 2. Since the receipt showing deposit of award amount has already been filed, the I.A is disposed of accordingly. I.A. No.30 of 2026 3. Heard Mr. Dutta, learned counsel for the Appellant and Mr. Das, learned counsel for the Respondent No.1. 4. Upon hearing all parties and considering the grounds mentioned in the limitation application, delay in filing the appeal is condoned. 5. I.A. is disposed of. Digitally Signed Signed by: SANGRAM DAS Reason: Authentication Location: High Court of Orissa, Cuttack Date: 06-Apr-2026 17:59:05 Signature Not Verified FAO No.21 of 2026 6. Heard Mr. Dutta, learned counsel for the Appellant and Mr. Das, learned counsel for the Respondent No.1. 7. Present appeal by the insurer is directed against the impugned judgment dated 30th August 2025 of learned Commissioner for Employee’s Compensation-cum-Joint Labour Commissioner, Bhubaneswar passed in E.C. Case No.16 of 2024, wherein compensation to the tune of Rs.15,75,517/- has been granted on account of injuries sustained by the claimant in course of his employment as helper of the Tipper bearing registration No.OD-05-T- 0862. 8. Upon hearing both parties and considering all such grounds of challenge advanced, a reduced compensation of Rs.12,60,000/- consolidated is proposed to the parties. This is agreed by Mr. Das, learned counsel for claimant – Respondent No. 1 and Mr. Dutta, learned counsel for the insurer leaves it to the discretion of the court. Accordingly the compensation amount is fixed to said extent. 9. Since the entire compensation amount has already been deposited before learned Commissioner, out of the same a consolidated sum of Rs.12,60,000/- (Twelve lakhs sixty thousand) along with accrued interest thereof be disbursed in favour of the claimant – Respondent No.1 within a period of two months from today. The rest amount along with proportionate accrued interest be refunded to the insurer – Appellant. 10. However the direction for payment of penal interest and penalty is waived. Digitally Signed Signed by: SANGRAM DAS Reason: Authentication Location: High Court of Orissa, Cuttack Date: 06-Apr-2026 17:59:05 Signature Not Verified 11. The appeal is disposed of accordingly. 12. An urgent certified copy of this order be issued as per rules. ( B.P. Routray) Judge S.Das