HEMBAI Vs. BHIALI STEEL PLANT

JUDGEMENT

(1.) APPELLANTS-APPLICANTS-LEGAL representatives of the deceased workman hemant Kumar have preferred this appeal under Section 30 of the Workmen's compensation Act, 1923 (for short, hereinafter referred to as the Act) against the order dated february 16,2004 passed by the Commissioner for Workmen's Compensation, Labour Court, durg whereby the prayer of the appellants for payment of balance of compensation towards the death of Hemant Kumar who was working as technician in the Town Engineering electrical department of the respondent has been rejected.

(2.) LEARNED Counsel for the appellants submits that there is no dispute regarding entitlement of Rs. 3,38,880/- towards compensation for the death of Hemant Kumar who died during the course of his employment under the respondents. The only grievance of the appellants is that, the accident occurred on may 17,2002 in the premises of the respondent when Hemant Kumar died during the course of his employment, however only 50% of the payable compensation was deposited on november 14,2002 and remaining amount was deposited on October 7, 2003 and no interest was paid to the appellants as per Section 4-A of the Act. The respondents were required to deposit the entire amount of compensation within one month from the date of accident i. e. May 17, 2002 when it fell due. However, the amount towards compensation was finally deposited only on October 7, 2003 and the tribunal rejected the claim for interest with an observation that the amount of compensation of rs. 3,38,800/- has been deposited and the same has been ordered to be disbursed.

(3.) ON the other hand, learned Counsel for the respondent Bhilai Steel Plant contended that 50% of the payable compensation was deposited on November 14, 2002 and the same was disbursed by the Tribunal after following due procedure. The amount of payable compensation was finally adjudicated on december 19, 2003 and thus from the evidence available on record, it would be clear that the total amount of compensation was deposited by the respondent even before the same was correctly adjudicated by the Tribunal. Reliance is placed on the judgment in the matter of national Insurance Co. Ltd. v. Mubasir Ahmed and Another 2007-I-LLJ-1035.