The Insurance Company appealed an award of Rs.5,25,528/- by the Commissioner for Employees Compensation, Jajpur. The court reduced the compensation to Rs.4,45,000/- and directed its disbursement to the claimant.
Compensation reduced from Rs.5,25,528/- to Rs.4,45,000/-; balance with interest to be 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.548 OF 2015
Misc. Case No.791 of 2015
02. 08.10.2015 This is an application for condonation of delay of 08 days in
filing the appeal.
Considering the grounds taken in the application, the delay in
filing the appeal is condoned.
Misc. Cases are accordingly disposed of.
F.A.O. No.548 of 2015
03. 08.10.2015 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 consent of the
parties, the same is being taken up for final disposal.
This appeal by the Insurance Company is directed again
st the judgment/award dated 25.07.2015, passed by the Commissioner for Employees Compensation,
Jajpur, in E.C. Case No.236 of 2014, awarding an amount of Rs.5,25,528/- to be deposited with
in 30 days along with interest @ 12% per annum from the date of filing of the claim applicatio
n, till realization.
Considering the grounds taken in the appeal and the submission
s made by learned counsel for the parties and keeping in view the quantum of compensation amou
nt awarded and the basis on which the same has been arrived at, I feel, the interest of justic
e would be best served if the compensation amount of Rs.5,25,528/- is modified and reduced to
Rs.4,45,000/- (rupees four lakhs forty five thousand), which is payable to the claimant-respon
dent no.1, on which no interest is payable. The impugned award is modified to the said extent.
The Commissioner for Employees Compensation, Jajpur, is direct
ed to disburse the modified compensation amount of Rs.4,45,000/- (rupees four lakhs forty five
thousand) along with accrued interest thereon to the claimant-respondent no.1. The balance de
posited amount along with accrued interest thereon shall be refunded to the appellant-Insuranc
e Company.
F.A.O. is accordingly disposed of.
S.C.Parija, J.
2
1 issue framed by the court
Whether the compensation amount awarded by the Commissioner for Employees Compensation should be modified.
1 provisions across 1 enactments
Insurance Company
claimant-respondent no.1
S.C. Parija
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court