Location: ORISSA HIGH COURT, CUTTACK

Date: 04-Dec-2025 18:50:39

IN THE HIGH COURT OF ORISSA AT CUTTACK

FAO No.242 of 2024

(An appeal under Section 30 of the Employee’s Compensation Act,

1923)

New India Assurance Company …. Appellant (s)

Limited, Cuttack

-versus-

Sushil Mahakud & Ors. …. Respondent (s)

Advocates appeared in the case through Hybrid Mode:

For Appellant (s) : Adam Ali Khan, Adv. For Respondent (s) : Mr. Biswajit Mohanty, Adv.

(for R-1 & 2)

Mr. Samar Pratap Mohanty, Adv.

(for R-3)

CORAM:

DR. JUSTICE SANJEEB K PANIGRAHI

DATE OF HEARING:-14.11.2025

DATE OF JUDGMENT:-29.11.2025

Dr. Sanjeeb K Panigrahi, J.

1. The instant First Appeal (FAO) has been instituted by the

Appellant, assailing the order dated 30.01.2024 passed by the learned Commissioner for Employees’ Compensation-cum- Divisional Labour Commissioner, Dhenkanal in E.C. Case No. 07 of

2017.

I. FACTUAL MATRIX OF THE CASE

2. The brief facts of the case are as follows:

Location: ORISSA HIGH COURT, CUTTACK

Date: 04-Dec-2025 18:50:39 (a) The deceased, Raghab Mahakud, was employed as a skilled labourer, stone breaker and dresser under M/s Shree Gobindraj Stone Crusher. On 02.02.2017, while discharging his duties at the worksite, he met with an ac