High CourtsSingle Bench(2022) 02 OHC CK 0145

Divisional Manager, M/s. Oriental Insurance Company Ltd vs Shantilata Sahoo And Others

Orissa High Court · Decided on 17 February 2022

HON’BLE JUDGES
B. P. Routray, J
RESULT
Dismissed
CASE NUMBER
FAO No.223 Of 2018

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Judgment

15 paragraphs · 255 words

B. P. Routray, J

1.

Heard Ms. P. Mishra, learned counsel for the insurer-Appellant and Mr. S.K. Bhanjadeo, learned counsel for the claimant â€" Respondents.

2.

Present appeal by the insurer is directed against award dated 14th November, 2017 of the learned Commissioner for Employee’s

Compensation-cum-Assistant Labour Commissioner, Odisha, Bhubaneswar in E.C. Case No.208 of 2007 wherein compensation to the tune of

Rs.3,11,970/- has been awarded on account of death of the deceased who was working as helper of the bus bearing Registration No.OR 02 X 4199.

3.

It is submitted on behalf of the Appellant that no employer â€" employee relationship was there with the deceased in respect of the bus in question

and as such, the insurer is not liable to indemnify the compensation amount.

4.

Upon hearing both parties and perusal of the impugned award, it reveals that the owner â€" Opposite Party No.1 (present Respondent No.5) has

admitted the employment of the deceased in respect of the vehicle in question as well as the accident resulting his death. Accordingly no merit is seen

in the contention of the appellant to discard the relationship of the deceased with the employer â€"O.P. No.1.

5.

In the result the appeal is dismissed.

6.

Since the entire compensation amount has already been deposited before the learned Commissioner, the same along with accrued interest thereof

be disbursed in favour of the claimant â€" Respondents within a period of two months from today.

7.

An urgent certified copy of this order be issued as per rules.

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