UNITED INDIA INSURANCE CO. LTD. Vs. RAGHUNATH BEHERA
HIGH COURT OF ORISSA
UNITED INDIA INSURANCE CO. LTD.
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Biswanath Rath,J. -
(1.) This is an Appeal at the instance of Insurance Company as against the judgment passed by the Commissioner for Workmen's Compensation-cum-Assistant Labour Commissioner, Angul involving W.C. Case No.52/2007.
(2.) Factual background involving the case is that the claimant being the victim put up a claim application before the Commissioner for Workmen's Compensation-cum-Assistant Labour Commissioner, Angul submitting that he was working as a Helper under Respondent No.2, Opposite Party No.1 therein in his Truck bearing Regn. No.OR-19-C-9354 having a National Permit. It is stated, on 8.8.2007 at about 4.30 A.M., while the Helper, Raghunath Behera along with the Driver of the Truck were proceeding on N.H.-4 to their destination near Balapur of Maharastra to their destination near Balapur of Maharastra, when the said Truck was about to over come one parked Truck bearing Regin. No.CG-04-J-8363, suddenly another Bus came from the front side and to avoid head head on collusion, the Driver turned the Truck to its left side, as a result the Truck dashed on the backside of the parked Truck causing Raghunath Behera, the Applicant sustaining multiple injuries on several parts of the body. After the accident the injured was shifted to the Government Hospital, Ankola of Maharastra and after two days of treatment there, he returned to Angul where he was treated in the District Hospital, Angul. It is claimed that due to such accident, the injured sustained fracture injuries on his left leg below the knee and lost his index finger and phalanx of both the hands and sustained bleeding injuries on several parts of his body. The Claimant claimed that for such accident, he became permanent disabled at 100%. The Claimant also claimed his age was 18 years at the relevant point of time and further claimed his wages to be Rs.2200/- per month. Thus the Claimant made a claim of Rs.2,98,822/- along with other benefits as provided in the Statute.
(3.) Contesting the case, the O.P.-Owner entered appearance but did not file any written statement. However, the Insurance, O.P.2 appeared and filed Written Statement disputing the entire claim application thereby disowning its liability.;
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