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IN THE HIGH COURT OF ORISSA AT CUTTACK
SANJEEB K. PANIGRAHI
Divisional Manager, M/S. ICICI Lombard General Insurance Company Ltd., Bhubaneswar – Appellant
Versus
Ashalata Barik – Respondent
| Table of Content |
|---|
| 1. overview of facts leading to the appeal. (Para 1 , 2) |
| 2. arguments presented by the appellant challenging findings. (Para 3 , 4) |
| 3. findings by commissioner on liability and employment. (Para 5 , 6) |
| 4. court analysis on the appeal's jurisdiction and evidence review. (Para 9 , 10 , 11 , 12 , 13) |
| 5. legal position regarding insurer's liability for penalties. (Para 14 , 15 , 16) |
| 6. final judgment and modification of lower court's ruling. (Para 18 , 19 , 20 , 21 , 22) |
JUDGMENT :
S.K. Panigrahi, J.
1. The Appellant, being aggrieved by the judgment dated 07.12.2024 passed in E.C. Case No. 235 of 2023 by the learned Divisional Labour Commissioner-cum-Commissioner for Employees’ Compensation, Cuttack, has preferred the present appeal.
I. FACTUAL MATRIX OF THE CASE
2. The brief facts of the case are as follows:
(i) On 10.08.2023, at about 4:00 A.M., one Ronit Barik, the deceased, was travelling in a TATA ACE vehicle bearing registration number OD-02-CH-8537, which was proceeding towards Cuttack from Bhubaneswar. The driver of the said vehicle parked it on the left side of the road near the Government Timber Depot on the Puri Bypass Road to attend to a call of nature.
(ii) While the d
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