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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 :
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.
2. The brief facts of the case are as follows:
(ii) While the deceased was inside the cabin, a Hywa vehicle coming from the opposite direction collided head-on with the TATA ACE and fled the scene. The deceased sustained grievous injuries and was shifted to Capital Hospital, Bhubaneswar, where he was declared dead on the same day.
(iv) Subsequently, E.C. Case No. 235 of 2023 was instituted by the claimants seeking compensation on account of the death of the deceased, a
The insurer is liable for compensation under the Employees’ Compensation Act but not liable for penalty due to employer's personal fault.
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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....
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Owner solely liable for workmen's compensation when permitting LMV-licensed driver without valid HMV licence to operate heavy vehicle, absolving insurer due to attributable policy breach; appeal dism....
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....
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