Dismissed

Dy.Manager,M/S.New India Assurance Co.Ltd. v. Bharat Mallik

Orissa HC5 Apr 2016FAO/647/2015

Case brief

AI extract

What is this about?

This appeal against an Employees' Compensation award was set aside without expressing an opinion on merits. The matter is remitted to the Commissioner for fresh disposal after affording parties an opportunity to adduce further evidence.

What did the court decide?

The impugned award is set aside. The matter is remitted to the Commissioner to dispose of the same afresh after providing opportunity of hearing to the parties.

Heard learned counsel for the parties. This appeal by the appellant-Insurance Company, is directed against the judgment/award dated 28.8.2015, passed by the Commissioner for Employees Compensation, Bhubaneswar, in E.C. C ase No.326 of 2014, awarding an amount of Rs.7,49,414/- as compensation, to be deposited withi n 30 days, failing which interest @ 12% per annum shall be payable from the date of the accide nt, till payment.

Learned counsel for the appellant-Insurance Company submits that as there is no credibl e evidence to show that the injured claimant was a helper in the offending vehicle and sustain ed injuries in an accident, arising out of and in course of his employment, the impugned award cannot be sustained. Learned counsel for the appellant has relied upon the police papers file d as additional evidence in the connected appeal, i.e. FAO No.645 of 2015 to show that there i s no credible evidence to establish the involvement of the offending vehicle in the alleged ac cident. Accordingly, it is submitted that the impugned award is liable to be set aside. Learned counsel for the claimant-respondent no.1, while supporting the impugned award submits that the same having been passed on appreciation of the evidence available on record, no interference is warranted. Considering the submissions made by the learned counsel for the parties and without ex pressing any opinion on the merits of the case, the impugned award is set aside and the matter is remitted back to the Commissioner to dispose of the same afresh, after providing opportuni ty of hearing to the parties.

It is open for the parties to adduce further evidence in support of their respective c ases and take all such pleas as are available to them in law, which shall be considered on its own merit and in accordance with law.

As the claim is of the year 2014, the Commissioner shall do well to dispose of the matt er as expeditiously as possible, preferably within a period of four months from the date of re ceipt of certified copy of this order. The compensation amount deposited with the Commissioner be refunded to the appellant-I nsurance Company forthwith. FAO is accordingly disposed of. Issue urgent certified copy as per rules.

Dy.Manager,M/S.New India Assurance Co.Ltd. v. Bharat Mallik

Case brief

What is this about?

What did the court decide?

Dy.Manager,M/S.New India Assurance Co.Ltd. v. Bharat Mallik

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Parties & counsel

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