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1985 Supreme(Ori) 377

S.C.MOHAPATRA
ORIENTAL FIRE AND GENERAL INSURANCE COMPANY LIMITED – Appellant
Versus
MATIAS BURLA AND KATRINA MAJHI – Respondent


Advocates Appeared:
S.S. Basu and S.S. Rao, for the Appellant; P.K. Misra, K.C. Mohanti and L. Mohapatra, for the Respondent

JUDGMENT :

S.C. Mohapatra, J. - These two appeals arise out of the order of the Commissioner under the Workmen's Compensation Act, 1923 (hereinafter referred to as "the Act ").

2. It is not in dispute that truck bearing No. ORJ 2159, belonging to respondent No. 2, met with an accident resulting in the death of two workmen employed by respondent No. 2 in the truck. The appellant is the insurer of the truck and respondent No. 1 in both the appeals are the legal representatives of the deceased workmen. There is no dispute in these appeals that the two workmen died in the course of their employment.

3. The Commissioner under the Act held that respondent No. 2, being the employer of the two deceased workmen, is responsible to pay the compensation u/s 3 of the Act. He, however, held that the liability of the employer can be enforced against the insurer. Accordingly, the Commissioner directed that the insurer shall deposit the compensation amount determined in the proceedings within two months, failing which the amount shall be recovered from the insurer as arrear of land revenue u/s 31 of the Act, When the amounts of compensation determined were not paid by the insurer within two months, no














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