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Judgment
B. P. Routray, J
Heard Mr. G.P. Dutta, learned counsel for the Appellant-Insurance Company as well as Mr. R.P. Bhagat, learned counsel for the claimant-Respondent No.1.
The present appeal is directed against the award dated 30.4.2021 granted in favour of the Respondent No.1 in E.C. Case No.588-D/2015 by the learned Commissioner For Employee's Compensation-cum-Joint Labour Commissioner, Cuttack.
The Appellant-Insurance Company challenges the award on the ground that no FIR was registered for the accident and secondly, the learned Commissioner has committed error in assessing the compensation on account of injury and disability.
Perusal of the impugned award reveals that the claimant-Respondent No.1 while working as a helper-cum-collie of the offending vehicle i.e. TATA ACE bearing Registration No.OR-05-AS-4678 met with an accident on 28.7.2015 resulting fracture injury of his right leg femur, right leg hip with other multiple injuries. Learned Commissioner by taking into account the monthly income at Rs.5000/- and age of the workman as 39 years, calculated the compensation to the tune of Rs.3,64,455/-and added interest @12% making the total compensation of Rs.6,16,172/-.
Having heard both the parties and considering the disability incurred on account of injury sustained by the workman and loss of earning capacity sustained by him, the awarded amount is modified to the extent that the Appellant-Insurance Company shall pay a compensation of Rs.3,50,000/- (rupees three lakhs fifty thousand) consolidated to the claimant-Respondent No.1. Learned counsel for Respondent No.1 agrees with the same.
Since the entire awarded amount has been deposited before the learned Commissioner, out of the said amount, a sum of Rs.3,50,000/- along with proportionate accrued interest be disbursed in favour of the claimant-Respondent No.1 within a period of eight weeks from today and the balance amount along with accrued interest thereon shall be refunded to the Appellant-Insurance Company within the same period on proper application.
With the aforesaid modification of the award, the FAO is disposed of.
An urgent certified copy of this order be granted on proper application.
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