MFA 135/2007 BEFORE THE HON’BLE MR. JUSTICE U.B. SAHA The instant appeal is filed by the appellant Oriental Insurance Company Limited challenging the judgment and award dated 30.8.2007 passed by the Commissioner, W orkmen’s Compensation Dhubri in W.C. Case No. 30 of 2006 wherein the Commission er, Workmen’s Compensation passed an award amounting to Rs. 2,12,515/- with int erest of 9% p.a. Heard Mr. D.K. Saikia learned counsel appearing for the respondent/ claimant and Mr. A. Ahmed, learned counsel for the appellant. Mr. Saikia submits that the cl aimant has already filed an application stating inter-alia that he would be happ y with the 60% of the awarded amount as full and final settlement if this Court allow him to withdraw the said amount of 50% deposited by the appellant Insuran ce Company earlier and another 10%, in total 60% of the awarded amount. Mr. A. Ahmed, learned counsel for the appellant Insurance Company submits that i n view of the above submission the amount awarded by the learned Commissioner, W orkmen’s Compensation may be modified to that extant. As the appellant and the r espondent claimant are aggrieved with the award for modification of the judgment and award as stated above, it is not necessary for the Court to go on detailed discussion on the merit of the appeal. Accordingly Mr. Ahmed learned counsel for the appellant Insurance Company also submitted that the appellant has already d eposited 50% of the awarded amount with the Registry of this Court and they ar e ready to deposit the remaining amount of 10% of the awarded amount. In view of the aforesaid submission of the learned counsel for the parties, the impugned judgment and award dated 30.8.2007 passed by the learned Commissioner, Workmen’s Compensation is modified to the extent that the claimant petitioner will be entitled to Rs. 1,27,509/- instead of Rs. 2,12,515/- with interest at t he rate of 9% p.a.. The appellant Insurance Company shall deposit the balance 10 % of the awarded amount within a period of 3 (three) months from today. With the aforesaid modification the appeal is partly allowed. If the appellant Insurance Company deposit the amount within the period as state d above the said money may be released / paid to the claimant respondent namely Md. Julash Ali through a cheque on proper identification subject to filing an application on that aspect before the Registry.