7 4.3.2021 Heard Mr.A.A.Khan vs Unknown
2021 Latest Caselaw 3191 Ori

                         FAO NO.581 OF 2018




7   4.3.2021               Heard Mr.A.A.Khan, learned counsel for the
               Appellant-Insurance Company and Mr.B.K.Mohanty, learned
               counsel for the Respondent-Claimants.
                           This Appeal at the instance of the Insurance
               Company involves the award/judgment passed by the
               Commissioner for Employee's Compensation-cum-Assistant
               Labour Commissioner, Cuttack involving E.C. Case No.21-
               D/2016.
                           During course of submission, taking this Court
               to the finding on the aspect of wages into account, Mr.Khan,
               learned counsel for the Appellant attempted to show that
               there has been excess calculation on the aspect of wages and
               it is also urged that in absence of any material particularly
               wage determination aspect appears to be hypothetical.
                           Mr.Mohanty,, learned counsel for the Claimants
               taking this Court to the issue as well as the observations and
               findings involving the issue submitted that there is proper
               consideration of the wage aspect and there is no requirement
               of interfering with the impugned judgment.
                           Considering the rival contentions of the parties
               and specifically giving attention to the challenge involving the
               wages factor involving the deceased, this Court finds, there is
               no material support to come to such assessment. It is in this
               view of the matter but however taking into consideration that
               the accident involved herein took place on 23.3.2016 and
               almost five years have already passed in the meantime,
               instead of remanding the matter to the Commissioner to have
m
               a fresh assessment on wages aspect and consequential
               compensation, this Court finds, it will be appropriate in the
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event the awarded amount is modified and reduced from
Rs.6,33,880/- to Rs.5,60,000/- (Rupees five lakh sixty
thousand) along with accrued interest. Since the whole
amount is under deposit with the Commissioner, the
modified compensation amount along with interest accrued
in the meantime shall be released in favour of the Claimant(s)
on proper identification and the balance amount with
accrued interest shall be released in favour of the Insurance
Company by undertaking the entire exercise within one
month from the date of communication of this order.
             The F.A.O. stands disposed of with the above
direction.
             Issue urgent certified copy.



                                .................................
                                Biswanath Rath, J.