KRITI MISHRA Vs. EASTERN COALFIELDS LIMITED

JUDGEMENT

(1.) This appeal arises out of the award dated 30.05.2012 passed by Commissioner Workmen's Compensation, Labour Court, Jagdalpur (for short ' the Commissioner' ) in Case No.B/51/WC ACT/2010 FATAL, awarding a compensation of Rs. 4,15,860/- in favour of the claimants.

(2.) Facts of the case in brief are that deceased Abhishek Mishra - husband of appellant No.1 and son of appellant Nos.2 and 3 was employed as Management Trainee, Grade E-1 in Anjan Hill underground mine of Chirmiri Area of South Eastern Coalfields Limited, and on 06.05.2010 while he was was working in the said mine, the accident in question occurred where he lost his life during the course of employment. On 18.06.2010 i.e. about one and a half month after the accident, the respondent deposited an amount of Rs.4,15,960/- before the Commissioner Employees Compensation, Ambikapur to be paid to the claimants. Thereafter, on 16.12.2010 the appellants filed an application before the Commissioner Employees Compensation, Jagdalpur for a direction to the respondent for making payment of compensation with interest and penalty as per the provisions of the Employees Compensation Act, 1923.

(3.) Learned Commissioner after hearing the parties determined the compensation at Rs.4,15,860/- by impugned award dated 30.05.2012. While awarding the said compensation learned Commissioner also observed that as the respondent had already deposited Rs.4,15,960/- on 18.06.2010 payable to the claimants as compensation, it was no more required to pay any interest or penalty as claimed by the claimants. Being dissatisfied with the award impugned, this appeal has been preferred by the claimants.