Partly allowed

Divisional Manager,M/S.Oriental Insurance Co.Ltd. v. Abhaya Behera

Orissa HC10 Oct 2017FAO/264/2017

Case brief

AI extract

What is this about?

An appeal by an Insurance Company against a compensation award of Rs.6,27,984/- by the Commissioner for Employees Compensation. The Court modified the award to Rs.4,50,000/-, directing issuance without interest to the claimant and refund of the balance with interest to the appellant.

What did the court decide?

Compensation reduced to Rs.4,50,000/- payable to claimant without interest. Balance with interest refunded to appellant.

Divisional Manager,M/S.Oriental Insurance Co.Ltd. Vs Abhaya Behera — Insurance | Orissa HC (2017)

¶1

FAO NO.264 OF 2017
10.10.2017

¶2

 Heard learned counsel for the parties.

¶3

 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.195-D of 2015, awarding an amount of Rs.6,27,984/- 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.

¶4

 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.6,27,984/- is modified and red
uced to Rs.4,50,000/- which is payable to the claimant, on which no interest is payable. The i
mpugned award is modified to the said extent.

¶5

 The Commissioner for Employees Compensation, Cuttack, is directed to disburse the modif
ied compensation amount of Rs.4,50,000/- 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.

¶6

 FAO is accordingly disposed of.

¶7

 Issue urgent certified copy as per rules.

¶8

(S.C.PARIJA, J.)

¶9

Divisional Manager,M/S.Oriental Insurance Co.Ltd. v. Abhaya Behera

Case brief

What is this about?

What did the court decide?

Divisional Manager,M/S.Oriental Insurance Co.Ltd. v. Abhaya Behera

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Parties & counsel

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