Appeal against employees compensation award was allowed. Compensation reduced to Rs. 5,90,000/- without interest on appellant-Insurance Company. Appellant directed to refund excess deposited amount with accrued interest to Commissioner.
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F.A.O. No.74 OF 2016
Misc. Case No.78 of 201604. 06.04.2016 This is an application for condonation of delay of 21 days in filing the appeal.
Considering the grounds taken in the application, the delay in filing the appeal is condoned.Misc. Case is accordingly disposed of. F.A.O. No.74 of 2016
05. 06.04.2016 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 consen
t of the parties, the same is being taken up for final disposal.
This appeal by the Insurance Company is directed again
st the judgment/order dated 16.11.2015, passed by the Commissioner for Employees Compensation,
Cuttack, in E.C. Case No.308-D of 2013, awarding an amount of Rs.7,33,860/- to be deposited w
ithin 30 days, failing which, interest @ 12% per annum shall be charged on the awarded compens
ation amount from the date of accident, till realization.
Considering the submissions made and keeping in view t
he 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.7,33,86
0/- is modified and reduced to Rs.5,90,000/- (Rupees Five lakhs ninety thousand), which is pay
able to the claimant-respondent no.1, on which no interest is payable. The impugned award is m
odified to the said extent.
The Commissioner for Employees Compensation, Cuttack, is direc
ted to disburse the modified compensation amount of Rs.5,90,000/- (Rupees Five lakhs ninety th
ousand) along with accrued interest thereon to the claimant-respondent no.1. The balance depos
ited amount along with accrued interest thereon shall be refunded to the appellant-Insurance C
ompany.
F.A.O. is accordingly disposed of.
2
uks
uks
2 issues framed by the court
Whether the compensation amount of Rs. 7,33,860/- awarded by the Commissioner is sustainable?
Whether interest continues to accrue on the reduced compensation amount?
1 provisions across 1 enactments
Insurance Company
claimant-respondent no.1
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court