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2003 DIGILAW 302 (ORI)

DIVISIONAL MANAGER, UNITED INDIA INSURANCE CO. LTD. v. GOVIND MAJHI

2003-04-18

PRADIP MOHANTY

body2003
JUDGMENT : Pradip Mohanty, J. - This is an application u/s 30 of the Workmen's Compensation Act, 1923 (for short 'the Act') against the judgment and award passed by the Assistant Labour Commissioner-cum-Commissioner for Workmen's Compensation, Bhubaneswar in W. C. Case No. 206 of 1994. 2. The counsel for the appellant-insurance company submits that the respondent No. 1 -claimant sustained some injuries, which are simple in nature. He further submits that the evidence is lacking to the effect that there was any fracture or suspected fracture and the subsequent story that the claimant-respondent No. 1 sustained fracture on his tibia should not have been believed. 3. Considering the facts and circumstances of the case, this Court is of the opinion that there is no substantial question of law involved in this appeal. The assessment of the Commissioner for Workmen's Compensation of Rs. 42,714/- as compensation payable to claimant-respondent, is correct and there is no material before this Court to assail the same. Moreover, these are the findings of fact and this Court has no jurisdiction to interfere with the same. 4. During the course of hearing on admission, the only point that was canvassed in this appeal is that the Commissioner has assessed excessive compensation payable by the appellant- insurance company. It is further contended that the rate at which the Commissioner has calculated was arbitrary. Learned counsel for the claimant-respondent No. 1 has, however, agreed that if a reasonable amount is deducted, the claimant-respondent No. 1 may not have any serious objection. Accordingly to meet the ends of justice, the amount of compensation payable by the appellant is assessed at Rs 30,000/- (Rupees thirty thousand). It is, therefore, directed that the claimant-respondent No. 1 shall be at liberty to withdraw the aforesaid amount of Rs. 30,000/- along with accrued interest within four weeks after adjustment of Rs. 15,000/- (Rupees fifteen thousand) already paid to the claimant-respondent No. 1, pursuant to the order of this Court, as interim relief. The balance amount, if any, with accrued interest shall be returned within four weeks to the appellant- insurer. The Miscellaneous Appeal is accordingly disposed of with the aforesaid observation.