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2017 Supreme(P&H) 720

G.S.SANDHAWALIA
Vijay Kumar – Appellant
Versus
Shree Ram Corg Packs – Respondent


Advocates:
For the Appellant:Mr. R.S. Budhwar, Advocate.
For the Respondent No.2-Insurance Company:Mr. Suvir Dewan, Advocate

JUDGMENT

Mr. G.S. Sandhawalia, J.: (Oral) - The present appeal by the claimant is directed against the order of the Commissioner dated 17.08.2011 whereby a sum of Rs.5,20,289/- had been awarded which is inclusive of the interest on account of the fact that the appellant had suffered an injury on his right hand and which led to the amputation of his hand and he became permanently handicapped to the extent of 80%.

2. The said accident had taken place arising out of and in the course of his employment and resultantly the respondent-employer had been arrayed as party before the Commissioner alongwith the Insurance Company. The Commissioner found that the employee was earning Rs.3,800/- per month and considering his disability by applying the relevant factor, awarded compensation to Rs.3,92,671/-.

3. A plea was raised for interest and penalty and resultantly the interest element was granted upto the tune of Rs.1,27,618/- from the date of the filing of the petition to the date of the order. The liability to pay interest was fastened upon the Insurance Company and the penalty aspect was decided in favour of the employer on account of the fact that he had not caused hardship to the applica




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