LAKHANLAL KOUSHIK Vs. DHARMENDRA KUMAR PANDEY

JUDGEMENT

(1.) The present is an appeal under Section 30 of the Workmen's Compensation Act assailing the award dated 5.8.2016 whereby the learned Commissioner, Workmen's Compensation Act, Labour Court, Bilaspur, in an injury case, has awarded a compensation of Rs. 1,67,730/- with interest thereon at the rate of 12% per annum to the respondent- claimant.

(2.) The case in nutshell is that the respondent in the instant case met with an accident on 19.7.2006 when he was operating a machine in the field and his right hand came in contact with the said machine as a result of which his right hand got amputated. The respondent-claimant subsequently moved an application before the Court of Commissioner for the Workmen's Compensation Act, which allowed the application on 5.8.2016 vide the impugned order.

(3.) Contention of learned counsel for the appellant is that immediately after the accident had occurred the appellant had provided an amount of Rs.70,000/- each to the respondent on two occasions vide two separate agreements entered into between the appellant and the respondent. The said agreements were also got notarized. According to the learned counsel for the appellant these agreements were also produced before the Court below and while passing the impugned award the Commissioner should have adjusted the amount of Rs.1,40,000/- from the total amount of compensation payable to the respondent-claimant. He further submits that the interest part which has been awarded is on the higher side as there was no default or delay on the part of the appellant in payment of compensation as is evident from the two agreements entered into between the parties which would show that the appellant had already paid an amount of Rs.1,40,000/- to the claimant immediately after the accident, and thus prayed for the setting aside of the impugned award.