On the way, they stopped and kept the vehicle and took the rest and slept there on 18 07 2011.
Accordingly, the learned Commissioner came to the companyclusion that the deceased was an employee within the meaning of the Employees Compensation Act, 1923 hereinafter referred to as the E.C. Act and had died in an accident arising out of and in the companyrse of his employment under Respondent number2.
In the light of the said fact stated by the appellants, the wages of Rs.4,000/ per month and bhatta of Rs.200/ per day and trip charges of Rs.3,000/ per month i.e.Rs.13,000/ per month seemed genuine.
OR 15J 1047 which was loaded with wheat bags.
OR 07B 8791 which was also followed with the offending vehicle had also halted and stopped there along with them.
The claim of the appellants was that the deceased was aged around 26 years at the time of death and had died while he was in and during the companyrse of employment of respondent number 2 herein.
61 of 2011 before the Court of the Commissioner for Workmens Compensation, Berhampur, Ganjam District.
They immediately reported the matter to the police, Mandasa Police Station and informed the same to the O.P.I as well as to the father of the deceased.
The vehicle in which the accident had occurred possessed a National Route Permit, and the deceased often drove the vehicle to destinations outside the state.
Respondent number 2 also companytended that in any case he is number liable to pay the amount as claimed by the appellants.
In response, the owner of the truck, respondent number2 herein filed a Written Statement and denied his liability.
50/ per day cannot be believed.
On 03.11.2011, the appellants, being the father, mother and younger brother of the deceased, filed claim petition W.C. Case No.
The cleaner also informed the father of the deceased Appellant No.1 herein , who made arrangements for taking the dead body of his son back to the native village for cremation.
While to proceed, the deceased had started the vehicle but the vehicle did number start.
Further, Respondent number2 had also admitted before the learned Commissioner that the death of the deceased had occurred due to an accident arising out of and during the companyrse of the employment for which a companypromise was sought to be reached by Respondent number2 with the appellants, to the amount of Rs.3,50,000/ .
They claimed additional amount of Rs.20,000/ towards funeral expenses, Rs.30,000/ towards mental agony, physical shock and pain, and Rs.50,000/ towards expectation of life and Rs.1,00,000/ towards loss of estate, inconvenience and hardships caused to the family members of the deceased on account of the death of deceased.
The cleaner of the truck, who was present at the time of the accident, gave information regarding the accident to the Mandasa Police Station, Srikakulam, whose personnel reached the spot and companyducted the inquest, prepared the panchnama and sent the body of the deceased for post mortem.
He along with the cleaner Sarada Prasana Patnaik loaded the said wheat bags on 18 07 2011 at about 11.30 P.M. at godown.
1 and 2 worked as a truck driver with one Bikram Keshari Patnaik respondent number 2 herein .
He claimed that he was number liable to companypensate the deceased as he had died on the spot due to his own negligence, as he had tried to enter the vehicle while it was in motion.
100/ per day as wages, and Rs.
472 of 2013 by the High Court of Orissa at Cuttack, wherein the learned single Judge reduced the amount of companypensation awarded to the appellants by the learned Commissioner for Employees Compensation from Rs.10,75,253/ to Rs.6,00,000/ and also waived the award of 50 penalty with interest.
Accordingly, the learned Commissioner calculated the companypensation as under Rs.8,000/ wage limited to x 50 x 213.57 27 years of age factor Rs.8,54,280/ The learned Commissioner further awarded an interest 12 per annum to the appellants from the date of accident, as well as Rs.20,000/ as the companyt of proceedings, the total amount of companypensation thus companying to Rs.
After removal of the wooden log piece, the vehicle moved to run down.
Another truck bearing No.
He submitted in the Written Statement that he has been paying only Rs.
The learned Commissioner, relying on the date of birth of the deceased as 01.07.1984, as mentioned in the drivers license and Transfer Certificate, came to the companyclusion that the age of the deceased was 27 years at the time of the accident.
The present appeal has been filed by the appellants challenging the companyrectness of impugned judgment and order passed by the High Court.
On this basis, they claimed a lump sum of Rs.18,00,000/ as pecuniary damages towards loss of past and future wages and loss of earning.
On the question of the monthly wages being earned by the deceased at the time of his death, the learned Commissioner companycluded that the companytentions advanced by Respondent number2 that he was being paid wages of Rs.
Further, he had already given financial assistance to the father of the deceased for the cremation.
On 19.07.2011, he met with an accident while on his way to deliver wheat bags in the truck from Berhampur, Orissa to Paralakhemundi, Andhra Pradesh.
He sustained severe injuries on the back of his head and died on the spot.
50/ per day as bhatta.
Hence, the deceased and the cleaner got down from the vehicle and checked the battery box and removed the wooden log piece kept for obstructing the right wheel of the said truck.
Thereafter, he and the cleaner of the vehicle saw the companydition of the deceased and had companysulted with the village Revenue Officer of Sandigam village and told the fact.
100/ per day and bhatta of Rs.
OR 15J 1047 owned by the P.IOn 19 07 2011 at about 4.30 A.M., the deceased received personal back head injury near Sandhigam village by vehicular accident arising out of and in companyrse of his employment as a driver of the truck No.
He was also a highly skilled workman.
The learned Employees Compensation cum Assistant Labour Commissioner companysidered the above aspect of the matter at length and arrived at the companyclusion that the deceased was working in the employment of Respondent number2 at the time of his death and that he had lost his life in an accident caused during and in the companyrse of his employment with Respondent number2.
10, 75, 253/ .
Aggrieved by the same, the Insurance Company filed an appeal under Section 30 of the E.C. Act before the High Court of Orissa at Cuttack.
The learned Commissioner relied upon the testimony of the witnesses to companystruct the following chain of events leading up to the accident The deceased was working as a driver in truck No.
The vehicle proceeded few distance on the public road and capsized in the field.
GOPALA GOWDA, J. Leave granted.
The deceased saw that the vehicle was moving ahead, he immediately climbed into the vehicle through the iron stepping of the truck, but unfortunately, he fell down from the truck and sustained severe and grievous bleeding injuries on the back side of the head and died at the spot.
The present appeal arises out of the impugned judgment and order dated 13.08.2014 passed in F.A.O. No.
The brief facts of the case required to appreciate the rival legal companytentions advanced on behalf of the parties are stated here under The elder son of appellant Nos.
They claimed that he was getting monthly wages at Rs.4,000/ per month, daily bhatta allowance at Rs.200/ which companyes to Rs.6,000/ per month, along with additional trip benefit amounting to Rs.3,000/ , the total amounting to Rs.13,000/ per month.
They all had taken rest and slept there and got up early morning at about 4.30 A.M. on 19.07.2011 and started to proceed to Paralakhemundi for unloading the goods.
