D.M.,N.I.Co.Ltd.. vs Pravasini Devi & Ors
2013 Latest Caselaw 5405 Del

FAO NO.626 of 2011

07. 22.11.2013 Heard learned counsel for the parties.

This appeal by the Insurance Company, is directed against the judgment/award dated 25.2.2011, passed by the Commissioner for Workmen's Compensation, Bhubaneswar, in W.C. Case No.149 of 2006, awarding an amount of Rs.4,22,975/- as compensation, to be deposited within 30 days, failing which interest @ 12% per annum shall be imposed from the date it's due, 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.4,22,975/- is modified and reduced to Rs.3,00,000/-, which is payable to the claimants, on which no 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.3,00,000/- 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 mp Company.

FAO is accordingly disposed of.

Issue urgent certified copy as per rules.

(S.C.PARIJA,

J.)

It is open for the appellant-Insurance Company to seek recovery of the compensation amount from the owner of the vehicle as per the direction of the learned Tribunal given in the impugned award.

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