Orissa High Court

The Divisional Manager vs Gita Malik & Ors on 7 May, 2024

Author: B. P. Routray

Bench: B. P. Routray

Signature Not Verified
Digitally Signed
Signed by: SANGRAM DAS
Designation: Sr.Stenographer
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 08-May-2024 17:06:36




                                            IN THE HIGH COURT OF ORISSA AT CUTTACK

                                                               FAO No.63 of 2023

                                          The Divisional Manager, M/S. Oriental ....        Appellant
                                          Insurance Co.Ltd.
                                                                              Mr.G.P.Dutta, Advocate
                                                                   -versus-
                                          Gita Malik & Ors.                     ....      Respondents
                                                                             Mr.B.B.Singh, Advocate

                                                    CORAM:
                                                    JUSTICE B. P. ROUTRAY
                                                                  ORDER

07.05.2024 Order No.

07. 1. The matter is taken up through Hybrid mode.

2. Heard Mr.Dutta, learned counsel for the Appellant and Mr.Singh, learned counsel for the Respondents.

3. Present appeal by the Insurer is directed against impugned judgment/award dated 18th November, 2022 passed by the Commissioner for Employee's Compensation-Cum- Divisional Labour Commissioner, Balasore in E.C. Case No.05 of 2018, wherein compensation to the tune of Rs.6,57,123/- has been granted on account of death of the deceased in course of his employment as a driver of the Pick-up Van bearing registration No.OD-01-B-7501.

4. Mr.Dutta, learned counsel for the Appellant submits that the deceased died due to asphyxia as a result of cardiorespiratory arrest following myocardial infarction and as such it is not established that the deceased died due to his employment.

Location: High Court of Orissa, Cuttack

5. As seen from record the deceased was employed as the driver of the Pickup van bearing registration No.OD-01-B-7501 and on the date of accident he had been driving the vehicle from Barikpur to Gumunda, West Bengal by loading cows. This fact is not disputed by the Appellant. The accident took place in the night on 29th August, 2017 at about 1.A.M after reaching at Gumunda. It is also not disputed that the Cardiac arrest took place at Gumunda when the deceased had driven the vehicle there. The owner has admitted the employment, wage as well as death of the deceased due to cardiac arrest while taking the vehicle from Barikpur to Gumunda. In view of this admitted facts, and keeping in view the scope of the terms "arising out of and in course of employment" under the E.C. Act, 1958 as enumerated in several decisions of the Hon'ble Apex Court which need not be elaborated here, no merit is seen in the contention of Mr. Dutta to dispute the death of the deceased unconnected to his employment. When the employment of the deceased as the driver of the vehicle and his driving of the vehicle in discharge of his duty is not disputed, it is held that the death of the deceased arises out of and in course of employment of the deceased.

6. The wage and age of the deceased being not disputed, the computation of the quantum of compensation amount made by learned Commissioner is confirmed.

7. In the result, the appeal is dismissed.

(B.P. Routray) Judge S.Das