DIVISIONAL MANAGER, NEW INDIA ASSURANCE CO. LTD. Vs. RAHIDAS SABAR AND OTHERS
LAWS(ORI)-1988-2-22
HIGH COURT OF ORISSA
Decided on February 27,1988

DIVISIONAL MANAGER, NEW INDIA ASSURANCE CO. LTD. Appellant
VERSUS
Rahidas Sabar And Others Respondents


Referred Judgements :-

DIVISIONAL MANAGER,NEW INDIA ASSURANCE CO. LTD. V. BISWANATH BARMAN [REFERRED TO]


JUDGEMENT

P.C. Naik, J. - (1.)Heard counsel for the parties.
(2.)This is an appeal by the insurer challenging the award of Rs. 58,859.00 passed by the Commissioner for Workmen's Compensation and Deputy Labour Commissioner, Jeypore, in W.C. No. 8/92 in favour of respondent No. 1 (claimant).
(3.)Respondent No. 1 is the husband of Kumari Sabar who was employed as a labourer on truck bearing registration number ORC 5296 and died on 25-12-1991 on account of the injuries sustained by her in an accident arising out of and in the course of her employment. The contractor-owner of the truck and the insurer-New India Assurance Co. Ltd. were impleaded as opposite parties who filed written statements denying their liability. The Commissioner, in view of the finding that the death occurred on account of the injuries received by Kumari Sabar in an accident arising out of and in course of her employment, held that the claimant was entitled to compensation which, considering the age and income of the deceased, was determined at Rs. 58,859.00. In the award, it was further directed that on failure to deposit the compensation, the insurer will be liable to pay a penalty of Rs. 10,000.00 and interest at the rate of 6 per cent per annum from the date the compensation fall due, i.e. 25-12-1991, over and above the amount of compensation Hence the appeal by the insurer.


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