High CourtsSingle Bench(2021) 08 OHC CK 0122

Legal Manager (T.C.Cell), M/s.New India Assurance Company Ltd vs Ramkripal @ Ramtripal Sharma & Anr

Orissa High Court · Decided on 24 August 2021

HON’BLE JUDGES
Biswanath Rath, J
RESULT
Disposed Of
CASE NUMBER
FAO NO.130 Of 2021

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Judgment

13 paragraphs · 216 words

Biswanath Rath, J

1.

This matter involves a challenge to the award being passed by the Commissioner for Employees’ Compensation-cum-Joint Labour

Commissioner, Cuttack in E.C. Case No.08-D of 2017. The impugned award is challenged on the grounds mentioned therein with regard to quantum.

2.

During course of submission, while not inclining to entertain the grounds on which the impugned award is challenged, this Court, however, finds,

there is exorbitant grant of compensation.

3.

Considering the rival contentions of the parties with regard to the compensation aspect, this Court observes, grant of a sum of Rs.5,20,000/-

(Rupees five lakh twenty thousand) only as consolidated will meet the ends of justice. In such view of the matter, while interfering with the impugned

order only in the compensation aspect, this Court reduces the same to a consolidated sum of Rs. 5,20,000/- (Rupees five lakh twenty thousand) only

from Rs.7,09,361/- (Rupees seven lakh nine thousand three hundred sixty one) only. Since the amount is already deposited before the Commissioner

for Employee’s Compensation -cum- Joint Labour Commissioner, Cuttack, the modified awarded amount be released in favour of the claimants

with proportionate accrued interest and the balance amount with accrued interest be released in favour of the Appellant-Insurance company.

4.

With the above observation and direction, the FAO stands disposed of..

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