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2022 Supreme(Ori) 759

IN THE HIGH COURT OF ORISSA AT CUTTACK
A.K.MOHAPATRA
Divisional Manager, New India Assurance Co. Ltd. – Appellant
Versus
Geetarani Rout – Respondent


Advocates Appeared:
For the Appellant : Mr. V. Narasingh, Mr. S, Das & Ms. S. Devi
For the Respondent: Mr. P.K. Mishra

Table of Content
1. background of the case (Para 1 , 3 , 4 , 5 , 6)
2. arguments regarding wage fixation (Para 7 , 9 , 10 , 11)
3. court's analysis on wage as per minimum wage law (Para 8 , 12)
4. modification of compensation amount (Para 13)
5. conclusion and procedural guidance (Para 14 , 15)

Judgment :

1. The present appeal has been preferred by the insurer under Section 30 of the Employees9 Compensation Act, 1923, assailing the judgment and award dated 15.09.2021 passed by the Commissioner for Employee9s Compensation-cum-Joint Labour Commissioner, Cuttack in E.C. Case No.356-D of 2015.

3. The factual backdrop of the case, in short, is that the predecessor in interest of the claimant family, namely one Sahadev Rout died due to an accident, which took place on 31.08.2015 near Chhend, Rourkela and eventually the said Sahadev Rout, workman succumbed to the injuries at S.C.B. Medical College and Hospital, Cuttack. Since the incident has arisen out of and in course of his employment, the members of the deceased family, such as, his wife and children have filed a claim case under the provision of Employees Compensation Act, 1923 before the Commissioner for Employees Compensation-cum-Joint L

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