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IN THE HIGH COURT OF ORISSA AT CUTTACK
SANJEEB K. PANIGRAHI
Tata AIG General Insurance Co. Ltd., Kolkata – Appellant
Versus
Asutosh Subudhi – Respondent
| Table of Content |
|---|
| 1. accident details and claimant's injuries (Para 1 , 2) |
| 2. appellant's challenges to liability (Para 3) |
| 3. respondents' evidence of employment (Para 4) |
| 4. commissioner's findings based on evidence (Para 5) |
| 5. court's review of commissioner’s decision limits (Para 6 , 7 , 8 , 9 , 10 , 11) |
| 6. appeal dismissed; order affirmed (Para 12 , 13 , 14) |
JUDGMENT :
1. The Appellant, in the present appeal, has assailed the judgment and order dated 08.02.2023 passed by the learned Commissioner for Employees’ Compensation-cum-Joint Labour Commissioner, Cuttack in E.C. Case No.66-D/2019, whereby the Appellant company was held liable to pay compensation of Rs.14,42,329/-.
2. The brief facts of the case are as follows:
(ii) While crossing the Ekadala Bridge, an OSRTC bus bearing Registration No. OD-14-AM-2027, coming from the Nayagarh side towards Rourkela at a very high speed, suddenly dashed violently against the front portion of the Eicher truck.
(iv) After the accident, the applicant was immediately taken to Narsinghpur Government Hospital with the assistance of local people. Owing to the serious nature of his injuries, he was subsequently shifted to KIMS Hospital, Bhubaneswar, where maj
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 insurer is liable for compensation under the Employees’ Compensation Act but not liable for penalty due to employer's personal fault.
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....
A cleaner engaged by a driver in employment qualifies as an employee under the Employee's Compensation Act, with permanent disability potentially resulting in total loss of earning capacity.
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 employer is liable to pay compensation for injuries occurring during the course of employment as per the Workmen's Compensation Act, and the assessment of disability and compensation must be appr....
The court upheld the Commissioner’s findings that the deceased were workmen under the Employees Compensation Act, affirming that appeals are limited to substantial questions of law.
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