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Jaya Biswal Vs. Branch Manager, IFFCO TOKIO General Insurance Company Ltd. [04/02/16]

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[Civil Appeal No.869 of 2016 arising out of S.L.P. (C) No. 1903 of 2015]. The present appeal arises out of the impugned judgment and order dated 13.08.2014 passed in F.A.O. No. 472 of 2013 by the High Court of Orissa at Cuttack, wherein the learned single Judge reduced the amount of compensation 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. The brief facts of the case required to appreciate the rival legal contentions advanced on behalf of the parties are stated here under: The elder son of appellant Nos. 1 and 2 worked as a truck driver with one Bikram Keshari Patnaik (respondent no. 2 herein). 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.

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