Legal Manager,(T.P.C. vs Sumanta Rout
2013 Latest Caselaw 5406 Del

FAO NO.424 of 2013

02. 22.11.2013 Heard learned counsel for the parties.

This appeal by the Insurance Company, is directed against the judgment/award dated 07.8.2013, passed by the Commissioner for Employee's Compensation, Cuttack, in W.C. Case No.110-D of 2011, awarding an amount of Rs.4,75,398/- as compensation, to be deposited within 30 days, failing which interest @ 12% per annum shall be imposed from the date of 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.4,75,398/- is modified and reduced to Rs.4,25,000/-, 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.4,25,000/- 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.

mp 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.

mp