Allowed

Manager,M/S.New India Assurnace Co.Ltd. v. Chandrasekhar Jena

Orissa HC6 Oct 2015FAO/458/2015

Case brief

AI extract

What is this about?

The Division Bench modified the compensation amount awarded against the appellant-insurer in a workmen's compensation case. The quantum was reduced from Rs. 1,92,213/- to Rs. 1,40,000/-, and interest on the reduced amount was directed to be payable.

What did the court decide?

Award reduced to Rs. 1,40,000/-; no interest on original amount; claimant to receive modified amount with interest thereon; balance refunded to insurer.

Manager,M/S.New India Assurnace Co.Ltd. Vs… — Pension and Retirement Benefits | Orissa HC (2015)

¶1

FAO NO.458 of 2015
 06.10.2015

¶2

 Heard learned counsel for the parties.

¶3

 This appeal by the appellant-Insurance Company is directed against the judgment/award d
ated 30.6.2015, passed by the Commissioner for Workmens Compensation, Bhubaneswar, in W.C. Cas
e No.126 of 2008, awarding an amount of Rs.1,92,213/- as compensation, to be deposited within
thirty days, failing which interest @ 12% per annum shall be payable from the date of the acci
dent, till payment.

¶4

 Considering the submissions made by the learned counsel for the parties and keeping in
 view the findings of the Commissioner as given in the impugned award with regard to the quant
um of compensation amount awarded and the basis on which the same has been arrived at, I feel,
 the interest of justice would be best served, if the awarded compensation amount of Rs.1,92,2
13/- is modified and reduced to Rs.1,40,000/-, which is payable to the claimant, on which no i
nterest is payable. The impugned award is modified to the said extent.

¶5

 The Commissioner for Workmens Compensation, Bhubaneswar, is directed to disburse the
modified compensation amount of Rs.1,40,000/- along with the accrued interest thereon to the c
laimant on proper identification. The balance amount along with the accrued interest shall be
refunded to the appellant-Insurance Company.

¶6

 FAO is accordingly disposed of.

¶7

 (S.C.PARIJA, J.)

¶8

Manager,M/S.New India Assurnace Co.Ltd. v. Chandrasekhar Jena

Case brief

What is this about?

What did the court decide?

Manager,M/S.New India Assurnace Co.Ltd. v. Chandrasekhar 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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