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2026 DAILYLAW 6860 (ORI)

THE LEGAL MANAGER(CLAIMS), M/S. SHRIRAM GENERAL INSURANCE CO. LTD.,KHURDA v. MIRI TUDU

FAO/95/2026 · 2026-04-30

B P Routray

body2026

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK FAO No.95 of 2026 The Legal Manager (Claims), M/s. Shriram General Insurance Co. Ltd., Lewis Road,Bhubaneswar …. Appellant Mr. P.K. Mahali, Advocate -versus- Miri Tudu and Another …. Respondents Mr. Debasish Patnaik, Advocate for Respondent No.1 CORAM: SHRI JUSTICE B. P. ROUTRAY ORDER 30.4.2026 Order No. I,A. No.156 of 2026 01. 1. Since the receipt showing deposit of award amount has already been filed, the I.A is disposed of accordingly. I.A. No.07 of 2026 02. 2. Heard Mr. P.K. Mahali, learned counsel for the insurer - Appellant and Mr. D. Patnaik, learned counsel for the claimant – Respondent No.1. 3. Upon hearing both parties and considering the grounds mentioned in the limitation application, delay in filing the appeal is condoned. 4. I.A. is disposed of. FAO No.95 of 2026 03. 5. Heard learned counsel for the parties. 6. Present appeal by the insurer is directed against the impugned judgment dated 31st October, 2025 of learned Commissioner for Digitally Signed Signed by: MANAS KUMAR PANDA Reason: Authentication Location: OHC, Cuttack Date: 30-Apr-2026 19:22:48 Signature Not Verified p. 2 Employee’s Compensation-cum-Joint Labour Commissioner, Cuttack passed in E.C. Case No.EC-238-2023-CUTT, wherein compensation to the tune of Rs.19,55,117/- (including interest) has been granted on account of death of deceased Sriram Tudu as helper in the Truck bearing registration No.OD-01-AP-6102. 7. In course of hearing, it is submitted by Mr. Patnaik, learned counsel for Claimant-Respondent, that a consolidated amount of Rs.10,40,000/- as compensation would satisfy his purpose. Accordingly, when Appellant-Insurer is suggested with aforesaid amount, Mr. Mahali, learned counsel for the Appellant leaves it to the discretion of the court. As such, the reduced compensation of Rs.10,40,000/- as suggested on behalf of Claimant-Respondent and not objected by the Appellant-Insurer is determined. 8. Since the entire compensation amount has already been deposited before learned Commissioner, out of the same a consolidated sum of Rs.10,40,000/- (Ten lakhs forty 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 shall be refunded to the insurer – Appellant. However, the direction for payment of penal interest and penalty is waived. 9. The appeal is disposed of accordingly. ( B.P. Routray) Judge M.K.Panda