ORIENTAL INSURANCE CO LTD Vs. JOGA BORDOLOI

JUDGEMENT

(1.) HEARD Mr. S. Dutta, heard Mr. S.K. Ghosh, learned counsel for learned counsel for the appellant and also the respondent No. 1. None appears for the respondent No. 2, in spite of notice being served on him.

(2.) THIS appeal is preferred against the judgment and order dated 3.2.2005, passed by the Commissioner for Workmen's Compensation, Sonitpur, Tezpur in W.C. Case No. 5 of 2003, holding that the claimant is entitled to compensation of Rs. 4,39,440 and Rs. 2,500 as penal cost and directing the opposite party No. 2, i.e., Oriental Insurance Co. Ltd. to deposit the entire amount within 30 days from the date of issue of the order.

(3.) ACCORDING to Mr. Ghosh, the learned counsel for the respondent, the awarded compensation amount has already been withdrawn on 8.11.2005 and whereas the appeal was admitted only on 26.3.2007. From the impugned judgment, it is found that the learned Commissioner included the fooding allowances to the tune of Rs. 1,000, in the salary of the deceased. The relevant portion of the judgment is quoted below: