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IN THE HIGH COURT OF ORISSA AT CUTTACK
SANJEEB K PANIGRAHI
Manager, T.P. Hub, National Insurance Co. Ltd. – Appellant
Versus
Bishan Das – Respondent
| Table of Content |
|---|
| 1. background of the employment and injury specifics. (Para 1 , 2 , 4) |
| 2. arguments on behalf of the appellant regarding insurance policy. (Para 3 , 6) |
| 3. analysis of the findings regarding accident and employment nexus. (Para 5 , 7 , 9 , 10) |
| 4. court's rejection of insurance defense due to lack of evidence. (Para 8 , 11 , 12) |
| 5. clarifying insurer's liability under the law. (Para 13 , 14 , 15) |
| 6. dismissal of the appeal and upholding of the award. (Para 16 , 17) |
JUDGMENT :
Sanjeeb K Panigrahi, J.
1. In the present appeal, the appellant seeks a direction from this Court to set aside the judgment/order dated 07.10.2024 passed by the Commissioner for Employee’s Compensation-cum-/Divisional Labour Commissioner, Jagatsinghpur in E.C. Case No.16 of 2022, and to exonerate the insurer from liability, contending that the policy was not in force at the time of the accident.
I. FACTUAL MATRIX OF THE CASE
2. The brief facts of the case are as follows:
(i) On 01.03.2022 at about 3:45 A.M., a bus bearing Registration No. OD-05-BB-5855, owned by respondent/O.P. No.1 and driven by Bishan Das (respondent No.1/applicant), met with a major road accident near Sonakania while proceeding from Bhub
The insurer's attempt to contest liability on an unproven technical ground regarding policy coverage was rejected, affirming that established liability under the Employees’ Compensation Act must be h....
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 central legal point established in the judgment is that the deceased's murder arose in the course of employment, attracting the provisions of the Employee Compensation Act, and that the insurance....
Negligence does not preclude compensation under the Employee's Compensation Act if the accident arises in the course of employment.
The insurer is liable for compensation under the Employees’ Compensation Act but not liable for penalty due to employer's personal fault.
An employer may be held vicariously liable when an employee operates a vehicle without a valid license, negating insurer liability in case of substantive policy breach.
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