L R FERROR ALLOYS LIMITED Vs. MAHAVIR MAHTO

JUDGEMENT

(1.) On March 23, 1995 an accident took place in the factory of the appellant at about 3 p. m. while respondent No. 1 (hereinafter referred to as the respondent) was pouring water for cooling the hot slab when the slab burst causing - bum injuries on his face resulting in loss of sight in both eyes.

(2.) A claim was made by the respondent before the Commissioner under the Workmen's Compensation Act. The Commissioner determined the amount payable by way of compensation to the respondent. In addition he also quantified the penalty and interest payable for the delayed payment made by the appellant. The matter was carried in appeal to the High Court. There was no dispute regarding quantum of compensation payable, and all that was to be considered was whether the appellant is liable to pay the penalty and interest.

(3.) On that aspect of the matter the learned single Judge noticed that the compensation due under the statute had not been paid within one month from the date of accident and therefore appellant was liable to: pay penalty and interest from the date the amount became due and payable which meant the date of accident or at the latest one month thereafter. Therefore, the liability of the appellant being evident in those: circumstances, the learned Single Judge declined to interfere with the order under appeal. The matter was carried in appeal further to the Division Bench and that appeal was dismissed holding that it was not; maintainable in view of the decision in Smt. Chhaya Rani v. Smt. Dhan Devi, 1997 (2) All PLR, 147.