Back
IN THE HIGH COURT OF ORISSA AT CUTTACK
B.P.ROUTRAY
Divisional Manager, National Insurance Co. Ltd. – Appellant
Versus
F@ P. Jyoti Reddy – Respondent
| Table of Content |
|---|
| 1. claimants of deceased laborer granted compensation. (Para 1 , 2) |
| 2. insurance liability concerning compensation amount and coverage. (Para 3 , 5) |
| 3. employment connection acknowledged despite dispute. (Para 4) |
| 4. interest on compensation payable from accident date. (Para 6) |
| 5. appeal dismissed; no reason to overturn award. (Para 7) |
JUDGMENT :
B.P. ROUTRAY, J.
1. The present appeal by the Insurer-Appellant is directed against the judgment dated 30th July, 2018 of the Commissioner for Employees Compensation-cum-Deputy Labour Commissioner, Cuttack in E.C. Case No.510-D/2011 wherein compensation to the tune of Rs.5,52,510/- has been granted to the claimants on account of death of the deceased in course of and arising out of his employment as a labourer under Respondent No.6.
2. The claimants are the wife, old parents and children of the deceased. The deceased died on 23rd October, 2011 at the project site of ARSS Infrastructure Project Ltd. at Bhubaneswar due to accidental electrocution. The deceased was 40 years old and the compensation has been calculated taking his monthly income at Rs.6,000/-.
3. The Appellant challenges the award mainly on the grounds that, when the dece
Insurers are liable for compensation reflecting actual wages paid to employees, even if exceeding insured amounts, provided no minimum wage law violations occur.
The main legal point established is that the liability of the insurer to pay compensation is based on the failure to prove non-adherence to safety measures by the employer, the assessment of the dece....
Compensation under the Employees' Compensation Act must adhere to statutory minimum wages, ensuring accurate wage calculations for deceased employees.
The insurer's liability in a Workmen's Compensation case is dictated by the declared salary in the policy, and penalties for delay must comply with statutory requirements.
The main legal point established in the judgment is that the insurance company is liable to pay compensation to the deceased worker if covered under the policy, and it cannot avoid its liability to p....
Point of Law : 12. Liability of interest has to be borne by insurer as liability is attached to amount of awarded compensation under Act, which insurer is liable to indemnify and as necessary corolla....
The court established that an employee's fatal accident during commute can be deemed to arise out of employment under the notional extension doctrine, warranting compensation based on actual wages.
The court affirmed that an employee's accidental death during commute can be deemed to arise out of employment under the doctrine of notional extension, impacting liability and compensation assessmen....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
