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Challenging the death of the employee not arises during the course of the employment: Cuttack High Court

The appeals involve three sets of Employment compensation cases. Challenging the liability and the quantum in the employment compensation case as held by the Hon’ble Cuttack High court before the Hon’ble Justice Biswanath Rath in the matter of Tillotama Dash & Ors. V. Secretary Managing Committee, Paradeep Port Trust, Paradeep. [FAO No.321 of 2018].

The case arises from the fact wherein, the managing committee of Paradeep Port Trust in filling the appeal agitated the issue of liability and submitted that respondent management has no responsibility for making payment of compensation involving the death due to the accident in question and have no remote connection with the management involved herein. The appeal arises out of three sets of accidents involving the death of three persons. Section 2(e) of the Employment compensation act of 1923 states employer includes anybody to person whether incorporated or not and any managing agent of an employer and the legal representative of a deceased employer and the service is temporary lent or hire to another person.

Respondent managing Committee contended that there is no establishment of the role of the Principal Employer in the accident. The claimant strongly disputed the claim of the Respondent Managing Committee filed FAO [First Appeal Order] seeing enhancement of the compensation amount. The material document and evidence are able to establish that the accident connects the Principal employer and there is a complete failure in distributing such material by the respondent management. Section 3 of the Employment Compensation Act of 1923 the employer is liable for compensation when the injury is caused during the course of employment and has permanent incapacitates.

The Hon’ble Court held that the claim on the managing committee is related to the fact that the accident in question has not arisen in course of employment and management has no liability to pay the compensation and cannot be forced. The Hon’ble Justice Biswanath Rath stated from the pleadings and the discussion with the authority finds out that there is a force in the submitting of the material documents. It concluded by stating that, “There is a slight reduction in the compensation amount as awarded in the disposal of the employment compensation case. The compensation award by the authority to a sum of Rs. 5,80,000/- from Rs. 6,25,880/- from the interim director of the lower authority court to the respondent Management to release 30% of the compensation amount.”

Click here to read the judgment

Judgement Reviewed by – Kaviya S.

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