Partly allowed

O.I.C.,M/S.Shreeram G.I.Co.Ltd. v. Riaz Khan

Orissa HC5 Apr 2016FAO/77/2016

Case brief

AI extract

What is this about?

This court disposed of an appeal by an Insurance Company against an Employees' Compensation Commissioner award. The court found the original assessment excessive and reduced the compensation to Rs. 6,00,000 without interest, directing the appropriate authority to disburse the reduced amount and refund the excess.

What did the court decide?

Compensation reduced to Rs. 6,00,000/- payable without interest; excess amount ordered to be refunded to the appellant.

F.A.O. No.77 of 2016 Misc. Case No.192 of 2016 04. 05.04.2016 This is an application for condonation of delay 05 day in filing the appeal. Considering the grounds taken in the application, the delay in filing the appeal is condoned.

This appeal by the Insurance Company is directed again st the judgment/order dated 02.12.2015, passed by the Commissioner for Employees Compensation, Cuttack, in E.C. Case No.384-D of 2012, awarding an amount of Rs.7,17,840/- 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 payment.

Learned counsel for the appellant-Insurance Company submits th at as the doctor examined on behalf of the Insurance Company assessed the loss of earning capa city of the claimant at 30% because of the injuries sustained by him in the accident, the Comm issioner erred in ignoring the same and accepting the assessment made by the doctor examined o n behalf of the injured claimant, who had assessed disability of the claimant at 70% and his l oss of earning capacity to the extent of 100%. It is accordingly submitted that the assessment of the compensation amount is not proper and justified.

On a perusal of the impugned award it is seen that the doctor examined on behalf of the claimant as OPW2 had stated that due to injuries sustained by the cl aimant, he had suffered disability of 70% and loss of earning capacity to the extent of 100%. The Commissioner has also taken into consideration the Disability Certificate issued by the Me dical Board, which shows that the injured claimant had suffered disability to the extent of 70 %. As the injured claimant was working as a helper in the vehicle, the Commissioner has assess ed the disability of the claimant to be 100%.

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.7,17,84 0/- is modified and reduced to Rs.6,00,000/- (Rupees Six lakhs), which is payable to the claim ant-respondent no.1, on which no interest is payable. The impugned award is modified to the sa id extent.

The Commissioner for Employees Compensation, Cuttack, is direc ted to disburse the modified compensation amount of Rs.6,00,000/- (Rupees Six lakhs) along wit h accrued interest thereon to the claimant-respondent no.1. The balance deposited amount along with accrued interest thereon shall be refunded to the appellant-Insurance Company.

O.I.C.,M/S.Shreeram G.I.Co.Ltd. v. Riaz Khan

Case brief

What is this about?

What did the court decide?

O.I.C.,M/S.Shreeram G.I.Co.Ltd. v. Riaz Khan

Case brief

What is this about?

What did the court decide?

What the court decided

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