Partly allowed

M/S.Oriental Insurance Co.Ltd. v. Shiba Charan Nayak

Orissa HC10 Feb 2016FAO/15/2016

Case brief

AI extract

What is this about?

This appeal filed by the Insurance Company against the award of the Commissioner for Employees Compensation was heard and the compensation was reduced from Rs.6,94,865 to Rs.5,00,000 without interest, ensuring equitable distribution of funds.

What did the court decide?

Compensation reduced to Rs.5,00,000 without interest; balance amount along with interest refunded to appellant.

M/S.Oriental Insurance Co.Ltd. Vs Shiba… — Pension and Retirement Benefits | Orissa HC (2016)

¶1

FAO NO.15 of 2016

¶2

10.2.2016

¶3

 Though this matter was listed for orders today, on consent of the learned counsel for
the parties, the same is taken up for final disposal.

¶4

 Heard learned counsel for the parties.

¶5

 This appeal by the appellant-Insurance Company is directed against the judgment/award
dated 07.12.2015, passed by the Commissioner for Employees Compensation, Bhubaneswar, in E.C.
Case No.24 of 2015, awarding an amount of Rs.6,94,865/- as compensation, to be deposited withi
n 30 days, failing which interest @12% per annum shall be payable from the date of accident, t
ill payment.

¶6

 Considering the submissions made and keeping in view the quantum of compensation amoun
t 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.6,94,865/- is modified and red
uced to Rs.5,00,000/- (Rupees Five Lakhs), which is payable to the claimant, on which no inter
est is payable. The impugned award is modified to the said extent.

¶7

 The Commissioner for Employees Compensation, Bhubaneswar is directed to disburse the m
odified compensation amount of Rs.5,00,000/- along with the accrued interest thereon to the cl
aimant on proper identification. The balance amount along with the accrued interest shall be r
efunded to the appellant-Insurance Company.

¶8

 FAO is accordingly disposed of.

¶9

 Issue urgent certified copy as per rules.

¶10

 (S.C.PARIJA, J.)

¶11

M/S.Oriental Insurance Co.Ltd. v. Shiba Charan Nayak

Case brief

What is this about?

What did the court decide?

M/S.Oriental Insurance Co.Ltd. v. Shiba Charan Nayak

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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