Manager(Legal),Shrir vs Rout Purti
2013 Latest Caselaw 5404 Del

                         FAO NO.325 of 2013




03   22.11.2013

MISC.CASE NO.635 OF 6013 This is an application for grant of time to remove the defect, as had been directed by order dated 18.09.2013.

Learned counsel for the appellant submits that in the meantime the defect, as pointed out by the S.R. has already been removed. Office to verify.

In view of the submission made, no further order is necessary.

Misc. Case is accordingly disposed of.

(S.C.PARIJA, J.) MISC.CASE NO.713 OF 6013 04 22.11.2013 This is an application for condonation of delay of 17 days in filing the appeal.

Considering the submissions made and the grounds taken in the application, delay in filing the appeal is condoned.

Misc.Case is accordingly disposed of.

(S.C.PARIJA, J.)

FAO NO.325 OF 2013 05 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 07.05.2013, passed by the Commissioner for Employee's Compensation, Cuttack, in W.C. Case No.478-D of 2011, awarding an amount of Rs.4,98,083/- as compensation, to be deposited within thirty days, failing which interest @ 12% per annum shall be payable from the date of the accident till payment.

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.4,98,083/- is modified and reduced to Rs.4,10,000/-, which is payable to the claimant, on which no interest is payable. The impugned award is modified to the said extent.

The Commissioner for Employee's Compensation, Cuttack, is directed to disburse the modified compensation amount of Rs.4,10,000/- along with the accrued interest thereon to the claimant 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.)