N.I.A.Co.Ltd. vs Muni Bibi
2013 Latest Caselaw 5409 Del

                          FAO NO.324 of 2013




02   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 19.06.2013, passed by the Commissioner for Workmen's Compensation, Bhubaneswar, in W.C. Case No.62 of 2011, awarding an amount of Rs.4,98,983/- as compensation, to be deposited within one month, failing which penalty and interest @ 12% per annum shall be charged over and above the awarded amount as per the W.C.Act.

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.4,98,983/- is modified and reduced to Rs.4,40,000/-, which is payable to the claimant, 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.4,40,000/- 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.)