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2019 Supreme(Ori) 358

A.K.RATH
Senior Divisional Manager, National Insurance Company Ltd. – Appellant
Versus
Suresh Kumar Behera – Respondent


Advocates:
Advocate Appeared:
Subrat Satapathy, Pradeep Kumar Mishra.

JUDGMENT :

A.K. Rath, J.

1. This appeal by the insurance company is directed against the award dated 20.02.2018 passed by the Commissioner for Employee's Compensation-cum-Assistant Labour Commissioner, Cuttack (Commissioner) in E.C Case No. 21-D/2015, whereby and whereunder the Commissioner awarded an amount of Rs. 11,82,784/- as compensation and directed the insurance company to pay the same within thirty days, failing which, the same shall carry interest @ 12% per annum from the date of filing of the case.

2. The brief facts of the case, which are relevant to dispose of the appeal, are:

    The claimant-respondent no. 1 was the driver of the truck bearing registration number OD-02-N-6303. On 14.6.2014 at about 8 A.M. he parked the truck on the left side of the road near Kalpana Chhak, Cuttack-Puri Road, Bhubaneswar, got down and instructed the helper to grease the back side wheel of the truck. At that time, another truck bearing registration number OD-02-L-3534 came in a high speed and dashed against him, as a result of which he sustained fracture injury on his right leg femur and other injuries. He was shifted to Capital Hospital, Bhubaneswar for treatment. Thereafter, he was shifted to

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