Orissa High Court
Sriram General Insurance Co. Ltd vs Ashalata Lenka And Others on 23 August, 2022
IN THE HIGH COURT OF ORISSA AT CUTTACK
FAO No.467 of 2020
Sriram General Insurance Co. Ltd. .... Appellant
Mr. G.P. Dutta, Advocate
-versus-
Ashalata Lenka and others .... Respondents
Mr. K. Panigrahi, Advocate for Respondent No.1
Mr. B. Singh, Advocate for Respondent Nos.2 & 3
CORAM:
JUSTICE B. P. ROUTRAY
ORDER
23.08.2022
Order No.
03. 1. Heard Mr. G.P. Dutta, learned counsel for the Appellant-
Insurance Company, Mr. K. Panigrahi, learned counsel for
Respondent No.1-claimant and Mr. B. Singh, learned counsel for
the owner - Respondent Nos.2 & 3.
2. Present appeal by the insurer is directed against the judgment
and award dated 21.11.2019 passed in E.C. Case No.491-D/2014
by the Commissioner for Employee's Compensation-cum-
Divisional Labour Commissioner, Cuttack wherein compensation
to the tune of Rs.9,57,888/- including interest has been granted to
the claimant-Respondent No.1 on account of death of the
deceased in course of and arising out of his employment as the
helper of truck bearing Registration No.OR-21-A-1921.
3. The case of the claimant is that the deceased while being
employed as the helper of the truck climbed upon the stair case to
clean the cabin and accidentally fell down to sustain injuries on
20.11.2013. He was immediately shifted to SCB Medical College
and Hospital, Cuttack and undergone treatment there. The
deceased after his discharge from the hospital was again admitted
and finally succumbed to the injuries on 27.12.2013.
4. The main contention raised on behalf of the Appellant is that in
absence of any police case registered relating to death of the
deceased in the accident or any report sent by the treating doctor
as medico legal case, the alleged death of the deceased in the
accident is not established.
5. Having examined the contention of the Appellant, it reveals
from perusal of the impugned award that three eye-witnesses
were examined on behalf of the claimant to prove the fact of
sustenance of injury by the deceased in the accident on
20.11.2013. Such narration of accident and death arising out of
injuries sustained in the accident is also supported by the witness
examined from the side of the owner. Against such evidence
adduced from the side of the claimant through ocular evidence
corroborated by all such witnesses cannot be disbelieved for
absence of registration of any police case or MLC report sent by
the treating doctor. Certainly the preponderance of probability
with regard to the death of the deceased in the accident in
question is in favour of the claimant. As such, the contention
raised by the claimant to disbelieve the fact of accidental death of
the deceased arising out of his employment as the helper of the
truck is rejected.
6. It is next contended by the insurer-Appellant that the learned
Commissioner has erroneously accepted the monthly income of
the deceased at Rs.8000/- inclusive of food allowance. In this
regard, it is seen that though no document has been brought on
record in support of the income of the deceased, but the owner by
coming to the witness box has admitted that the deceased was
being paid Rs.7000/- per month along with Rs.50/- per day
towards food allowance. However, in absence of any
documentary proof or production of the wage register by the
employer, such contention is not found believable keeping in
view the normal rate of wage prevalent during the year 2013 in
respect of helper of a truck. However, the same is reduced to
Rs.6000/- per month including the food allowance keeping in
view the minimum rate of wages prevalent during the year 2013.
Accordingly a reduced compensation of Rs.4,50,000/- is
determined upon application of the age factor which is payable
along with interest @12% per annum from the date of accident.
7. Upon calculation of interest which comes to Rs.3,24,000/-, the
total compensation payable is found Rs.7,74,000/-.
8. Since the entire award amount has been deposited before the
learned Commissioner, out of the said amount, a sum of
Rs.7,74,000/- (rupees seven lakhs seventy-four thousand) along
with proportionate accrued interest be disbursed in favour of the
claimant-Respondent No.1 within a period of eight weeks from
today and the balance amount along with proportionate accrued
interest thereon shall be refunded to the Appellant-Insurance
Company within the same period on proper application.
9. With aforesaid directions, the FAO is disposed of.
10. An urgent certified copy of this order be granted on proper
application.
( B.P. Routray)
Judge
B.K. Barik
