RUKMANI DEWANGAN Vs. ATUL AGRAWAL,

JUDGEMENT

(1.) This appeal under Section 30 of the Workmen's Compensation Act, 1923 (for short "the WC Act") has been filed by the applicant challenging the impugned judgment/ award dated 13.08.2014 passed by Commissioner, Workmen's Compensation Act, Labour Court, Durg in case no. 36/WC Act/ 2011 Fatal. Appellant, in this appeal, has only challenged the non-award of the interest by the Commissioner on calculated amount of compensation from the date of accident. The Commissioner, while allowing the application under Section 10 of the WC Act, awarded Rs. 4,48,000/- as compensation, fastened the liability upon non-applicant 2- Insurance Company and awarded conditional interest @ 12% p.a., ie. if the amount of compensation is not deposited within a period of 2 months from the date of passing of impugned award, amount of compensation to carry interest @ 12%.

(2.) Facts of the case relevant for disposal of this appeal are that the appellant's only son by name Jitendra Dewangan was working with nonapplicant 1. On 11.01.2011 when Jitendra was working at place of his work and carrying scrap wire, one portion of the wire came into contact with fan of wire machine, resulting forceful drag of Jitendra towards the running machine due to which Jitendra Dewangan suffered head injury, during the course of treatment, he died.

(3.) Appellant-claimant filed an application under Section 10 of the WC Act pleading therein that on the date of accident, Jitendra was aged about 20 years and earning Rs. 4,000/- per month. Non-applicants have not paid any amount of compensation on account of the employment, injuries suffered by late Jitendra Dewangan.