This is a First Appeal against a workmen compensation award. The High Court modified the compensation amount and dismissed the interest claim based on justice.
Compensation reduced to Rs. 5,80,000 and interest directed not to be payable; balance refunded to appellant.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
F.A.O. No.530 OF 2015
Misc. Case No.832 of 2015
02. 13.10.2015 This is an application for condonation of delay of 85
days in filing the appeal.
Considering the grounds taken in the application, the
delay in filing the appeal is condoned subject to payment of cost of Rs.1,000/- to be paid to
Sri B.N. Rath, learned counsel appearing for the claimant-respondent no.1 to 4, which is paid
in Court today.
Misc. Case is accordingly disposed of.
S.C. Parija, J.
F.A.O. No.530 of 2015
03. 13.10.2015 Receipt showing deposit of the award amount is filed in Court
today, which be kept on record.
Heard learned counsel for the parties.
Though the matter was listed for orders, on the consen
t of the parties the same is being taken up for final disposal.
This appeal by the Insurance Company is directed again
st the judgment/order dated 29.04.2015, passed by the Commissioner for Workmens Compensation,
Cuttack, in E.C. Case No.206-D of 2013, awarding an amount of Rs.6,72,000/- to be deposited wi
thin 30 days along with interest @ 12% per annum shall be payable from the date of filing of t
he application, till payment.
Considering the submissions made by learned counsel fo
r the parties and keeping in view the quantum 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 th
e compensation amount of Rs.6,72,000/- is modified and reduced to Rs.5,80,000/- (rupees five l
akhs eighty thousand), which is payable to the claimants, on which no interest is payable. The
impugned award is modified to the said extent.
The Commissioner for Workmens Compensation, Cuttack, is direct
ed to disburse the modified compensation amount of Rs.5,80,000/- (rupees five lakhs eighty tho
usand) along with accrued interest thereon to the claimants. The balance deposited amount alon
g with accrued interest thereon shall be refunded to the appellant-Insurance Company.
F.A.O. is accordingly disposed of.
S.C.Parija, J.
2
uks
uks
1 issue framed by the court
Whether the interest awarded on workmen compensation should be reduced and the quantum of compensation modified.
1 provisions across 1 enactments
Insurance Company
claimants
S.C. Parija, J.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court