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2016 Supreme(SC) 119

V.GOPALA GOWDA, UDAY UMESH LALIT
JAYA BISWAL – Appellant
Versus
BRANCH MANAGER, IFFCO TOKIO GENERALINSURANCE COMPANY LTD. – Respondent


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







































































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