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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 :
Sanjeeb K. Panigrahi, J.
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/-.
I. FACTUAL MATRIX OF THE CASE
2. The brief facts of the case are as follows:
(i) On 02.06.2019 at about 4:45 P.M., Respondent No.1 was allegedly travelling as a helper in an Eicher Truck bearing Registration No. OD-05-AM-9384, which belonged to his mother, Smt. Santilata Subudhi. The said vehicle, loaded with chocolate packets, was being driven by the father of Respondent No.1 and was proceeding from Manguli towards Jeypore.
(ii) While crossing the Ekadala Bridge, an OSRTC bus bearing Registration No
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.
Negligence does not preclude compensation under the Employee's Compensation Act if the accident arises in the course of employment.
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-employee relationship must be evidenced by credible documentation, but reliable testimonies can uphold claims for compensation in accident cases.
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