NEW INDIA ASSURANCE CO. LTD. Vs. BISWAMBER JENA

JUDGEMENT

(1.) This appeal challenges the award dated 20.02.2019 passed by the Commissioner for Employee's Compensation-cum- Divisional Labour Commissioner, Cuttack in E.C. Case No.259-D of 2017, whereby and whereunder, the Commissioner has awarded a sum of Rs.5,67,533/- to the claimant-respondent no.1 and directed the appellant insurer herein to pay the same along with interest @ 12% per annum from the date of accident.

(2.) Respondent-applicant no.1 filed an application for compensation before the Commissioner stating that he was working as a helper-cum-labourer in the truck bearing registration number OR-22-D-4177 belonging to respondent no.2. On 06.08.2017, the truck was proceeding from Mahuldiha to Anandapur loaded with paddy. On the way near Godavanga Ghat Road at about 11.30 A.M, the truck was upturned, as a result of which, he sustained fracture injuries on his right leg and multiple injuries on his body. Immediately he was taken to Govt. Hospital, Anandapur. Thereafter, he was shifted to Odisha Nursing Home, Cuttack and then to S.C.B. Medical College and Hospital, Cuttack for treatment. With the factual scenario, he filed the case stating that he was 32 years at the time of accident and earning Rs.7,000/- per month as wages.

(3.) The owner of the vehicle admitted the employment and the accidental injuries of the applicant. The insurer of the vehicle filed written statement denying its liability.