IMPORTANT POINTS
EC Act makes the employee entitled to compensation only on two conditions: death due to accident, and accident occurring during and in course of employment. Negligence or otherwise of the employee is of no consideration.
A well reasoned order of the Commissioner should not be interfered with.

JUDGMENT

V. GOPALA GOWDA, J.

Leave granted.

2. The present appeal arises out of the impugned judgment and order dated 13.08.2014 passed in F.A.O. No. 472 of 2013 by the High Court of Orissa at Cuttack, wherein the learned single Judge reduced the amount of compensation awarded to the appellants by the learned Commissioner for Employees’ Compensation from Rs.10,75,253/-to Rs.6,00,000/-and also waived the award of 50% penalty with interest.

3. The brief facts of the case required to appreciate the rival legal contentions advanced on behalf of the parties are stated here under:

The elder son of appellant Nos. 1 and 2 worked as a truck driver with one Bikram Keshari Patnaik (respondent no. 2 herein). On 19.07.2011, he met with an accident while on his way to deliver wheat bags in the truck from Berhampur, Orissa to Paralakhemundi, Andhra Pradesh. He sustained severe injuries on the back of his head and died on the spot. The cleaner of the truck, who was present at the time of the accident, gave information regarding the accident to the Mandasa Police Station, Srikakulam, whose personnel reached the spot and conducted the inquest, prepared the panchnama and sent the body of the deceased for post mortem. The cleaner also informed the father of the deceased (Appellant No.1 herein), who made arrangements for taking the dead body of his son back to the native village for cremation. On 03.11.2011, the appellants, being the father, mother and younger brother of the deceased, filed claim petition W.C. Case No. 61 of 2011before the Court of the Commissioner for Workmen’s Compensation, Berhampur, Ganjam District. The claim of the appellants was that the deceased was aged around 26 years at the time of death and had died while he was in and during the course of employment of respondent no. 2 herein. They claimed that he was getting monthly wages at Rs.4,000/-per month, daily bhatta (allowance) at Rs.200/-which comes to Rs.6,000/-per month, along with additional trip benefit amounting to Rs.3,000/-, the total amounting to Rs.13,000/-per month. On this basis, they claimed a lump sum of Rs.18,00,000/-as pecuniary damages towards loss of past and future wages and loss of earning. They claimed additional amount of Rs.20,000/-towards funeral expenses, Rs.30,000/- towards mental agony, physical shock and pain, and Rs.50,000/-towards expectation of life and Rs.1,00,000/-towards loss of estate, inconvenience and hardships caused to the family members of the deceased on account of the death of deceased.

4. In response, the owner of the truck, respondent no.2 herein filed a Written Statement and denied his liability. He claimed that he was not liable to compensate the deceased as he had died on the spot due to his own negligence, as he had tried to enter the vehicle while it was in motion. Respondent no. 2 also contended that in any case he is not liable to pay the amount as claimed by the appellants. He submitted in the Written Statement that he has been paying only Rs. 100/-per day as wages, and Rs. 50/-per day as bhatta. Further, he had already given financial assistance to the father of the deceased for the cremation. The learned Employees Compensation -cum-Assistant Labour Commissioner considered the above aspect of the matter at length and arrived at the conclusion that the deceased was working in the employment of Respondent no.2 at the time of his death and that he had lost his life in an accident caused during and in the course of his employment with Respondent no.2. The learned Commissioner relied upon the testimony of the witnesses to construct the following chain of events leading up to the accident:

“The deceased was working as a driver in truck No. OR 15J-1047 owned by the O.P.I……On 19-07- 2011 at about 4.30 A.M., the deceased received personal back head injury near Sandhigam village by vehicular accident arising out of and in course of his employment as a driver of the truck No. OR 15J-1047 which was loaded with wheat bags. He along with the c