RAHI BAI Vs. SATNAM SINGH

JUDGEMENT

(1.) This appeal under Sec. 30 of the Employees Compensation Act, 1923 (for short "the Act, 1923") has been preferred by the appellants/claimants against the impugned judgment dtd. 20/9/2016 passed by learned Commissioner, Employees Compensation-cum-Labour Court, Bilaspur (C.G.) in Case No. 70/E.C. Act/2009 (Fatal) by which the learned Commissioner has granted compensation but has granted interest if the amount of compensation is not deposited within a period of one month from the date of passing of the award ignoring the provisions of the Employee's Compensation Act, 1923 (for short "the Act, 1923").

(2.) This Court after hearing the parties admitted the instant appeal on 25/7/2017 on following substantial question of law:-

(3.) The brief facts as reflected from records are that the son of the appellants was working with respondents No. 1 & 2 and succumb to death due to an accident took place on 19/5/2018 during course of employment when deceased was returning back in the truck after unloading the material at the destination point. Since the compensation was not paid by the employer, therefore, they preferred an application under Sec. 10 of the Act, 1923 claiming compensation mainly contending that the deceased was aged about 19 years and was getting salary of Rs.4000.00 per month and Rs.40.00 as daily allowances, therefore, they are entitled to get compensation to the tune of Rs.4,50,440.00 along with interest and penalty as the employer has not paid the compensation within 30 days from the date of accident and has also not deposited the compensation, therefore, he is also liable for penalty.