Allowed

Divisional Manager,M/S.National I v. Malati Si

Orissa HC8 Apr 2016FAO/144/2016

Case brief

AI extract

What is this about?

The court allowed an appeal by an Insurance Company against a compensation award. The award of Rs.6,24,715 was modified to Rs.5,75,000 without interest. The appointing authority directed to refund the balance.

What did the court decide?

The impugned award is modified reducing compensation from Rs. 6,24,715 to Rs. 5,75,000 without interest. The appellant is entitled to a refund of the balance amount with accrued interest.

This is an application for condonation of delay of 104 days in filing the appeal. Considering the submissions made and grounds taken in the application, delay in filing the appeal is condoned, subject to payment of Rs.1000/- as cost, to be paid to Shr i P.K. Mishra, learned counsel for the claimants-respondent nos.1 and 2, which is paid in Cour t today.

This appeal by the appellant-Insurance Company, is directed against the judgment/award dated 07.8.2015, passed by the Commissioner for Employees Compensation, Cuttack, in E.C. Case No.91-D of 2012, awarding an amount of Rs.6,24,715/- as compensation, to be deposited within 30 days, failing which interest @ 12% per annum shall be payable from the date of accident, ti ll payment.

Considering the submissions made 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 awarded compensation amount of Rs.6,24,715/- is modified and re duced to Rs.5,75,000/-(Rupees Five Lakhs Seventy-Five Thousand), which is payable to the claim ants, on which no interest is payable. The impugned award is modified to the said extent. The Commissioner for Employees Compensation, Cuttack is directed to disburse the modif ied compensation amount of Rs.5,75,000/-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.

Divisional Manager,M/S.National I v. Malati Si

Case brief

What is this about?

What did the court decide?

Divisional Manager,M/S.National I v. Malati Si

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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