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IN THE HIGH COURT OF ORISSA AT CUTTACK
SANJEEB K.PANIGRAHI
ICICI Lombard General Insurance Co. Ltd. – Appellant
Versus
Monalisa Nayak – Respondent
| Table of Content |
|---|
| 1. factual background of the accident and proceedings. (Para 1 , 2) |
| 2. arguments made by the appellant and respondents. (Para 3 , 4) |
| 3. court's analysis and reasoning on evidence and findings. (Para 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13) |
| 4. conclusion affirming previous findings and dismissal of appeal. (Para 15 , 16 , 17) |
JUDGMENT :
1. The present First Appeal (FAO) has been instituted by the Appellant assailing the judgment/award dated 05.05.2025 passed by the learned Commissioner for Employees’ Compensation-cum-Divisional Labour Commissioner, Angul in E.C. Case No.05 of 2025, as well as the subsequent order dated 31.05.2025, whereby the learned Commissioner rejected the petition filed by the Appellant seeking recall of the judgment dated 05.05.2025 in the said case.
2. The brief facts of the case, as narrated by the Appellant, are as follows:
(b) On 28.09.2024 at about 6:30 P.M., while the deceased was driving the said truck and proceeding from Khamar side towards Pitiri, a Hywa Truck bearing Registration No. OD-33-E-5659, coming from the opposite direction and allegedly being driven in a rash and negligent manner, collided head-on with the truck driven by the deceased.
The appellate court confirmed that findings based on factual determinations by the Commissioner under the Employees' Compensation Act are not subject to appeal unless substantial legal questions aris....
Employer liability under the Employees' Compensation Act arises immediately upon personal injury occurring in the course of employment, with appellate jurisdiction limited to substantial questions of....
The burden to establish an employer-employee relationship lies on the claimant, and failure to provide corroborative evidence results in dismissal of compensation claims under the Employees’ Compensa....
Workmen’s Compensation Act, 1923 is a social welfare legislation and it must be given a beneficial construction – Matters thereunder are to be adjudicated with due process of law and also with a keen....
The insurer is liable for compensation under the Employees’ Compensation Act but not liable for penalty due to employer's personal fault.
The establishment of an employer-employee relationship is essential for claiming compensation under the Employee’s Compensation Act, and the liability for interest on compensation lies with the emplo....
Monthly income includes salary plus proven daily dietary allowance; statutory interest @12% from one month post-accident till deposit; insurer liable to pay compensation for insured vehicle absent po....
The court emphasized that factual issues such as accident, employment relationship, and negligence are crucial in determining liability under the Employees Compensation Act.
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