Partly allowed

Legal Manager,M/S.Cholamandalam Ms Insurance Co.Ltd. v. Mohan Mallick

Orissa HC15 Feb 2016FAO/317/2015

Case brief

AI extract

What is this about?

This judgment modifies an Employees Compensation Commissioner award. The court reduced compensation from Rs. 7,17,840/- to Rs. 6,00,000/- without interest, directing the Commissioner to disburse the reduced amount to the claimant and refund the balance to the appellant Insurance Company.

What did the court decide?

Compensation reduced to Rs. 6,00,000/- without interest. Commissioner directed to pay claimant modified amount and refund balance to appellant.

Legal Manager,M/S.Cholamandalam Ms Insurance Co.Ltd. Vs Mohan Mallick — Insurance | Orissa HC (2016)

¶1

FAO NO.317 of 2015
MISC.CASE NO.113 OF 2016

¶2

 15.2.2016

¶3

 This is an application for condonation of delay of 9 days in filing the appeal.
 Considering the submissions made and the grounds taken in the application, delay in fil
ing the appeal is condoned.

¶4

 Misc.Case is accordingly disposed of.

¶5

 (S.C.PARIJA,J.)
 FAO NO.317 OF 2015

¶6

 15.2.2016

¶7

 Receipt showing deposit of the awaded amount is filed in Court today, which be kept on
 record.
 Though the matter was listed for orders today, on consent of the learned counsel for th
e parties, the same is taken up for final disposal.
 Heard learned counsel for the parties.

¶8

 This appeal by the appellant-Insurance Company is directed against the judgment/award d
ated 06.4.2015, passed by the Commissioner for Employees Compensation, Cuttack, in E.C. Case N
o.575-D of 2013, awarding an amount of Rs.7,17,840/- along with interest @ 12% per annum from
the date of the accident, till payment.

¶9

 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.7,17,840/- is modified and red
uced to Rs.6,00,000/- which is payable to the claimant, on which no interest is payable. The i
mpugned award is modified to the said extent.

¶10

 The Commissioner for Employees Compensation, Cuttack, is directed to disburse the modif
ied compensation amount of Rs.6,00,000/- along with the accrued interest thereon to the claima
nt on proper identification. The balance amount along with the accrued interest thereon shall
be refunded to the appellant.

¶11

 FAO is accordingly disposed of.

¶12

 Issue urgent certified copy as per rules.

¶13

 (S.C.PARIJA, J.)

¶14

Legal Manager,M/S.Cholamandalam Ms Insurance Co.Ltd. v. Mohan Mallick

Case brief

What is this about?

What did the court decide?

Legal Manager,M/S.Cholamandalam Ms Insurance Co.Ltd. v. Mohan Mallick

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

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