FAO/13/2009
2021 Latest Caselaw 1127 Ori

                            F.A.O. No.13 of 2009




14.   1.02.2021           This     matter    is   taken    up     through     Video
                  Conferencing.
                          Heard learned counsel for the parties.
                          This is an appeal at the instance of claimant
                  challenging the award passed by the Commissioner,
                  Workmen Compensation.
                          There are two fold of submissions: (1) Instead of
                  saddling the quantum on the owner the liability should
                  have been saddled on the Insurance Company. (2)
                  Compensation is also at very lower side. Referring to the
                  plea taken by the owner in the Court below learned
                  counsel for the appellant submitted that there is
                  information through written statement of the owner
                  regarding existence of valid policy, which is ignored
                  illegally and the quantum of compensation is also at a
                  lower    side.   Learned    counsel     for   petitioner   though
                  challenged the award, but fails in demonstrating that the
                  compensation awarded is contrary to the rate prescribed
                  in the Act.
                          Considering the rival contentions of the parties,
                  this Court finds, there is award favouring the claimant,
                  but for the finding of the lower authority that there is no
                  proving of the Insurance Policy covering the accident
                  taken place, this Court finds, as the award already there
                  is in favour of the claimant, there was no occasion on the
                  part of the claimant to come in appeal. This Court finds
                  strange that involving the award of the year 2003 the
                  claimant instead of going for execution for realization of
                  money from the owner, has filed this appeal and been
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       waiting for last seventeen years. For the claimant
       challenging the award / judgment of the Commission,
       there is no deposit of the compensation as of now even.
       So far as the challenge on the calculation aspect is
       concerned, this Court finds, there is no material to
       establish that the amount awarded by the Commissioner
       for Workmen's Compensation remains contrary to the
       formula   prescribed   therein.    This   Court   finds   no
       substance in the appeal, which is hereby rejected.
             As restrictions are continuing due to COVID-19,
       petitioner(s) may utilize the soft copy of this order
       available in the High Court's website or print out thereof
       at par with certified copies in the manner prescribed, vide
       Court's Notice No.4587, dated 25.03.2020.




                                          ..............................

(Biswanath Rath, J.)

Ayas