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IN THE HIGH COURT OF ORISSA AT CUTTACK
B.P.ROUTRAY
Divisional Manager, National Insurance Co. Ltd. – Appellant
Versus
Sukanta Ojha – Respondent
| Table of Content |
|---|
| 1. introduction of case and parties involved (Para 1 , 2) |
| 2. details of the accident and injuries sustained (Para 3 , 5) |
| 3. arguments regarding disability and driving license (Para 4 , 10) |
| 4. court's observations on evidence and calculations (Para 8 , 9) |
| 5. legal precedent on driving licenses for transport vehicles (Para 11 , 12) |
| 6. modification of compensation amount (Para 13) |
| 7. conclusion and orders regarding compensation payment (Para 14 , 15 , 16 , 17) |
JUDGMENT :
B.P. ROUTRAY, J.
1. Heard Mr. P.K. Mahali, learned counsel for the insurer – Appellant, Mr. P.K. Mishra, learned counsel for claimant – Respondent No.1 and Mr. G. Girigoswami, learned counsel for owner – Respondent No.2.
2. Present appeal by the insurer is directed against impugned judgment dated 22nd August, 2025 of learned Commissioner for Employee’s Compensation-cum-Joint Labour Commissioner, Cuttack passed in E.C. Case No.361/2023/CUTT, wherein compensation to the tune of Rs.20,02,337/- (including interest) has been granted on account of injury sustained by the claimant arising out of and in course of his employment as driver of the truck bearing registration number OD-05-U-2712.
3. The case of the claimant i
Claimants with permanent disabilities can be compensated under the Employee’s Compensation Act without formal disability certificates, supported by medical evidence, provided they hold valid driving ....
The validity of the driving license is a consideration under a contract of insurance, and the insurer can raise the issue in the proceedings under the Employees Compensation Act.
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....
A driver with a valid light motor vehicle license can legally operate a transport vehicle, and insurance companies must fulfill liability for third-party claims despite ownership transfer issues.
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