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IN THE HIGH COURT OF ORISSA AT CUTTACK
S.K.Panigrahi
D.M.Oriental Insurance Co. Ltd. – Appellant
Versus
Sk. Abdul Kukar – Respondent
| Table of Content |
|---|
| 1. court's procedural arrangement (Para 1 , 2) |
| 2. overview of compensation awarded for employment injury (Para 3) |
| 3. dispute over disability assessment and vehicle insurance (Para 4) |
| 4. proposed reduced compensation agreed upon (Para 5) |
| 5. directive on disbursement of compensation and penalty waiver (Para 6) |
| 6. conclusion on appeal decision (Para 7) |
ORDER :
S.K. Panigrahi, J.
1. This matter is taken up through hybrid arrangement.
2. Heard learned counsel for the Parties.
3. Present appeal by the Insurer is directed against the impugned judgment/ award dated 25th September, 2023 passed by the learned Commissioner for Employee’s Compensation-cum-Joint Labour Commissioner, Cuttack in E.C. Case No.108-D of 2017 wherein compensation to the tune of Rs.17,23,247/- has been granted on account of injuries sustained by the claimant during course of his employment as a helper in the Truck bearing registration No.OR-21-7162.
4. MR. Mahali, learned counsel for the Appellant though vehemently disputes the disability and income of the injured, took a specific ground that the injured was working as a helper in the Truck bearing Registration No. OR-21-B-3083, as the said vehicle had no Insuran
The court affirmed the need for credible evidence in establishing vehicle insurance status and the validity of disability assessment in compensation appeals.
Insurance Company’s liability established for employee injuries during employment; appeals under Employees' Compensation Act are limited to substantial questions of law, not factual reassessment.
The main legal point established in the judgment is the court's discretion to assess loss of earning capacity and adjust compensation amounts based on pragmatic considerations and the claimant's circ....
The assessment of disability in compensation cases must rely on credible medical evidence, and arbitrary increases in disability percentages are not permissible.
A disability certificate issued by a qualified medical professional suffices to establish loss of earning capacity, and factual findings of a compensation Commissioner are final if admissible evidenc....
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