Partly allowed

M/S.New India Assurance Co.Ltd. v. Akhshya Ku.Rout

Orissa HC5 Feb 2016FAO/667/2015

Case brief

AI extract

What is this about?

In an appeal filed by an Insurance Company against an award of Rs.5,79,667/- by the Commissioner for Employees Compensation, the Single Judge modified the compensation to Rs.4,00,000/- in the interest of justice and disposed of the appeal.

What did the court decide?

The impugned award was modified to Rs.4,00,000/- payable to the claimant with accrued interest; the balance deposited amount along with interest to be refunded to the appellant.

M/S.New India Assurance Co.Ltd. Vs Akhshya… — Pension and Retirement Benefits | Orissa HC (2016)

¶1

F.A.O. No.667 OF 2015
 Misc. Case No.122 of 2016
03. 05.02.2016 This is an application for condonation of delay of 12
days in filing the appeal.
 Considering the grounds taken in the application, the delay in
 filing the appeal is condoned.

¶2

 Misc. Case is accordingly disposed of.

¶3

 F.A.O. No.667 of 2015
04. 05.02.2016 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.

¶4

 This appeal by the Insurance Company is directed again
st the judgment/order dated 01.09.2015, passed by the Commissioner for Employees Compensation,
 Cuttack, in E.C. Case No.214-D of 2012, awarding an amount of Rs.5,79,667/- to be deposited w
ithin 30 days.

¶5

 Considering the grounds taken in the appeal and keepin
g 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 the compensation amount of
 Rs.5,79,667/- is modified and reduced to Rs.4,00,000/- (Rupees Four lakhs), which is payable
to the claimant-respondent no.1, on which no interest is payable. The impugned award is modifi
ed to the said extent.

¶6

 The Commissioner for Employees Compensation, Cuttack, is direc
ted to disburse the modified compensation amount of Rs.4,00,000/- (Rupees Four lakhs) along wi
th accrued interest thereon to the claimant-respondent no.1. The balance deposited amount alon
g with accrued interest thereon shall be refunded to the appellant-Insurance Company.

¶7

 F.A.O. is accordingly disposed of.

¶8

¶9

uks

¶10

uks

M/S.New India Assurance Co.Ltd. v. Akhshya Ku.Rout

Case brief

What is this about?

What did the court decide?

M/S.New India Assurance Co.Ltd. v. Akhshya Ku.Rout

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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Case details

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