In F.A.O. No.232 of 2017, this single judge disallowed the Insurance Company's appeal against the Employees Compensation Commissioner's award of Rs.8,15,400/-, modifying the amount to Rs.7,00,000/- with no interest payable to claimants.
The award was modified from Rs.8,15,400/- to Rs.7,00,000/-, payable as compensation without interest.
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F.A.O. No.232 of 2017
04. 10.10.2017 Learned counsel for the appellant files a memo along with an a
cknowledgement slip, stating therein that receipt showing deposit of the award amount is filed
today, i.e. 10.10.2017, which are taken on record.
Though the matter was listed for orders, on the consent of the
parties, the same is being taken up for final disposal.
Heard learned counsel for the parties.
This appeal by the Insurance Company is directed again
st the judgment/order dated 22.4.2017, passed by the Commissioner for Employees Compensation,
Odisha, Bhubaneswar, in E.C. Case No.55 of 2013, awarding an amount of Rs.8,15,400/- as compen
sation, to be deposited within thirty days, failing which, the amount shall carry penalty and
interest @12% per annum as per the E.C. Act, 1923.
Considering the submissions made by learned counsel fo
r the parties and keeping 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 th
e compensation amount of Rs.8,15,400/- is modified and reduced to Rs.7,00,000/- (Rupees Seven
lakhs), which is payable to the claimants-respondent nos.1 to 3, on which no interest is payab
le. The impugned award is modified to the said extent.
The Commissioner for Employees Compensation, Odisha, Bhubanesw
ar, is directed to disburse the modified compensation amount of Rs.7,00,000/- (Rupees Seven la
khs) along with accrued interest thereon to the claimants-respondent nos.1 to 3. The balance d
eposited amount along with accrued interest thereon shall be refunded to the appellant-Insuran
ce Company.
F.A.O. is accordingly disposed of.
Issue urgent certified copy as per rules.
2
2 issues framed by the court
Whether the compensation amount awarded by the Commissioner for Employees Compensation requires modification
Whether interest and accrued amounts are payable on the modified compensation
1 provisions across 1 enactments
Insurance Company
Claimants
Hon'ble Single Judge
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court