An appeal by an Insurance Company against an Employees Compensation Commissioner's award was allowed. The compensation amount was reduced from Rs.2,90,390 to Rs.2,20,000, and interest liability was removed.
Compensation reduced to Rs.2,20,000 without interest; directed disbursement to claimant; balance refunded to appellant.
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FAO NO.263 OF 2017 10.10.2017
Heard learned counsel for the parties.
This appeal by the appellant-Insurance Company is directed against the judgment/award d
ated 23.3.2017, passed by the Commissioner for Employees Compensation, Cuttack, in E.C. Case N
o.194-D of 2015, awarding an amount of Rs.2,90,390/- as compensation, to be deposited within 3
0 days, failing which interest @ 12% per annum shall be payable from the date of accident, til
l payment.
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.2,90,390/- is modified and red
uced to Rs.2,20,000/- which is payable to the claimant, on which no interest is payable. The i
mpugned award is modified to the said extent.
The Commissioner for Employees Compensation, Cuttack, is directed to disburse the modif
ied compensation amount of Rs.2,20,000/- 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-Insurance Company.
FAO is accordingly disposed of.
Issue urgent certified copy as per rules.
2
2 issues framed by the court
Whether the quantum of compensation awarded by the Commissioner should be modified upon appeal?
Whether interest should be payable on the modified compensation amount?
Appellant-Insurance Company
Claimant
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court