CUTTACK, India, Feb. 23 -- Orissa High Court issued the following order on Jan. 22:

1. Present appeal by the insurer is directed against the judgment and award dated 21.02.2025 passed in E.C. Case No.14 of 2021 by the Commissioner for Employee's Compensation-cum-Divisional Labour Commissioner, Dhenkanal, wherein compensation to the tune of Rs.14,51,319/- including interest and medical expenditure of Rs.3,02,669/- has been granted to the claimant-Respondent No.1 on account of injury sustained in course of and arising out of his employment as a driver of a Car bearing Registration No.OD-02-BH0121 belonging to Respondent No.2.

2. It is submitted on behalf of the Appellant-Insurance Company that, the story advanced by the claimant with regard to the accident is unbelievable and further, the amount of compensation has been assessed on higher side by taking income of the claimant at Rs.8000/- per month, which has not been proved on record.

3. The claimant is Respondent No.1 and a cross appeal has been filed by him praying for enhancement of the compensation amount by counting monthly income to the tune of Rs.10,000/- as per his contention made in the claim application.

4. The accident took place on 31.12.2019 and the claimant sustained physical injuries. He was then shifted to District Headquarters Hospital, Dhenkanal. Due to suffering of the injuries, the claimant was further treated at S.C.B. Medical College & Hospital, Cuttack and underwent surgery at Swastik Hospital, Cuttack. The age of the claimant is 39 years and according to his claim, he was getting salary of Rs.10,000/- as the driver of the Car bearing Registration No. OD-02-BH-0121. According to the claimant, he sustained with permanent locomotor disability to the extent of 45% by shortening of his right leg, due to injuries sustained in the accident.

5. The validity of insurance of the vehicle in question on the date of accident is not disputed. It is seen that, the claimant has adduced several documents in support of the accident including the copy of FIR and other Police papers. He examined himself as P.W.1 and another eye-witness as P.W.2. In support of the injury, the injury report issued by the D.H.H., Dhenkanal, the Disability Certificate issued by the District Medical Board and other medical papers have also been filed by the claimant which are marked as Exts.1 to 10.

6. A perusal of the copy of the FIR along with deposition of the claimant (P.W.1) as well as the statements of P.W.2 made in his deposition do not give any reason to disbelieve the contention of the claimant with regard to the accident and sustenance of injuries thereof. It needs to be mentioned here that the witness examined as O.P.W.1 is the Investigator appointed by the Insurance Company and he does not have any direct knowledge regarding the accident. Thus, by considering the statements of evidences made by the claimant and P.W.2 vis-a-vis the evidence of O.P.W.1, nothing is found there to disbelieve such evidence of the claimant regarding injuries due to the accident, and suffering from permanent disability to the extent of 45%.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=A9S7c5LDIsB6RXaCf816x0VNDcxsFBK2140RsDYRkN7Hv1xbmKK5ujzEraLmqtsf&caseno=FAO/186/2025&cCode=1&cino=ODHC010282752025&state_code=11&appFlag=)

Disclaimer: Curated by HT Syndication.