SOUTH EASTERN COAL FIELD LTD Vs. FUL KUNWAR

JUDGEMENT

(1.) This appeal has been filed under Section 30 of the Workmen's Compensation Act, 1923 (for short, 'the Act of 1923') by the employer against the judgment dated 24.09.2007 by the Commissioner for Workmen's Compensation, Labour Court, Ambikapur (for short, 'the Commissioner') in case No.5/WCAct/1996/Fatal, whereby the Commissioner has awarded compensation of Rs. 1,45,096/- along with simple interest @ 6% per annum from the date of accident and further imposed penalty of 10% of the awarded amount on account of death of Hiralal, husband of respondent- 1.

(2.) Brief facts of the case are that late Hiralal was under employment with the appellant- Company since 16.11.1977 and posted as Watchman at Katkona colliery. On 06.09.1991, he went on his duty and during the course of employment, he became unconscious. Thereafter, he was taken to the Hospital at Charcha Baikunthpur, where, after examination Hiralal was declared dead.

(3.) Respondent- 1, wife of late Hiralal filed application under Section 22 of the Act, 1923 for compensation of Rs. 1,50,000/- along with interest @ 18% mentioning therein that in the intervening night of 6 and 7 of September, 1991, Hiralal died during the course of his employment. Even after assurance by the employer, her request for compensation was not considered. The claim application has been filed only when respondent- 1 found that without taking recourse of law, the appellant will not disburse the amount of compensation. Then, she sent a letter to the Labour Officer. It is then respondent- 1 filed an application under Section 22 of the Act of 1923 and also filed an application under Section 5 of the Limitation Act along with the application on 25.01996. The Commissioner vide his order dated 06.11.1996 directed that the delay application will be decided after recording evidence at the time of passing final order.