Rm,O.I.Co.Ltd. vs Baikunthanath Sahu
2013 Latest Caselaw 5403 Del

                         FAO NO.420 of 2013




03   22.11.2013                 MISC.CASE NO.724 OF 6013
                          This is an application for condonation of delay of 78
                  days in filing the appeal.
                         Considering the submissions made and the grounds
                  taken in the application, delay in filing the appeal is condoned,
                  subject to payment of cost of Rs.800/-, to be paid to Shri
                  P.K.Mishra, learned counsel appearing for the claimant-
                  respondent nos.1 to 3, which shall is paid in Court.

Misc.Case is accordingly disposed of.

(S.C.PARIJA,J.) FAO NO.420 OF 2013 04 22.11.2013 Receipt showing deposit of the awarded amount is filed in Court today, which be kept on record.

Though the matter was listed for orders today, on consent of the learned counsel for the parties the same is taken up for final disposal.

Heard learned counsel for the part6ies. This appeal by the Insurance Company, is directed against the judgment/award dated 10.05.2013, passed by the Commissioner for Workmen's Compensation, Bhubaneswar, in W.C. Case No.108 of 2010, awarding an amount of Rs.6,64,110/- as compensation, to be deposited within thirty days, failing which penalty and interest @ 12% per annum shall be charged over and above the awarded amount.

Considering the grounds taken in the appeal and the submissions made by the learned counsel for the parties and

keeping in view the findings of the Commissioner as given in the impugned award with regard to 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 the awarded compensation amount of Rs.6,64,110/- is modified and reduced to Rs.5,00,000/-, which is payable to the claimants, on which no penalty or interest is payable. The impugned award is modified to the said extent.

The Commissioner for Workmen's Compensation, Bhubaneswar, is directed to disburse the modified compensation amount of Rs.5,00,000/- along with the accrued interest thereon to the claimants on proper identification. The balance amount along with the accrued interest shall be refunded to the appellant-Insurance Company.

FAO is accordingly disposed of.

(S.C.PARIJA, J.)