Allowed

M/S.Cholamandalam Ms G.I.Co.Ltd. v. Bhagabat Jena

Orissa HC14 Oct 2015FAO/407/2015

Case brief

AI extract

What is this about?

The Single Judge allowed the appeal filed by the Insurance Company against the Commissioner's award. The court modified the awarded compensation from Rs. 6,45,840 to Rs. 5,00,000 and held that no interest is payable on the reduced amount.

What did the court decide?

The impugned award is modified; compensation reduced to Rs. 5,00,000 payable to claimants with no interest; balance refunded to appellant.

M/S.Cholamandalam Ms G.I.Co.Ltd. Vs Bhagabat Jena — Orissa HC (2015) — LawSathi Research

¶1

 FAO NO.407 of 2015
14.10.2015

¶2

 Heard learned counsel for the parties.

¶3

 This appeal by the appellant-Insurance Company, is directed against the judgment/award
dated 25.5.2015, passed by the Commissioner for Employees Compensation, Cuttack, in E.C. Case
No.522-D of 2012, awarding an amount of Rs.6,45,840/- as compensation, to be deposited within
30 days, failing which interest @ 12% per annum shall be payable from the date of filing of th
e claim application i.e. 31.12.2012, till payment.

¶4

 Considering the submissions made and keeping in view the findings of the Commissioner a
s given in the impugned award with regard to the quantum of compensation amount awarded and th
e basis on which the same has been arrived at, I feel, the interest of justice would be best s
erved, if the awarded compensation amount of Rs.6,45,840/- is modified and reduced to Rs.5,00,
000/-(Rupees Five Lakhs) only, which is payable to the claimants, on which no interest is paya
ble. The impugned award is modified to the said extent.

¶5

 The Commissioner for Employees Compensation, Cuttack is directed to disburse the modifi
ed compensation amount of Rs.5,00,000/- along with the accrued interest thereon to the claiman
ts on proper identification. The balance amount along with the accrued interest shall be refun
ded to the appellant-Insurance Company.

¶6

FAO is accordingly disposed of.

¶7

Issue urgent copy as per rules.

¶8

(S.C.PARIJA, J.)

¶9

M/S.Cholamandalam Ms G.I.Co.Ltd. v. Bhagabat Jena

Case brief

What is this about?

What did the court decide?

M/S.Cholamandalam Ms G.I.Co.Ltd. v. Bhagabat Jena

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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