NEW INDIA ASSURANCE CO.LTD Vs. BALACHANDRAN

JUDGEMENT

(1.) This is an appeal under Sec. 30 of the Workmen's Compensation Act, 1923 (now renamed as Employees Compensation Act, 1923). The appellant was the 2nd respondent in W.C.C.No.168 of 2002 before the Commissioner for Workmen's Compensation, Kozhikode. The order dtd. 29/4/2010 in that compensation case allowing the 1st respondent"claimant compensation of Rs.86,205.00 and its interest is under challenge in this appeal.

(2.) There was a delay of 142 days in filing this appeal. As per the order dtd. 5/7/2013, the delay was condoned on payment of a cost of Rs.1,000.00. As per the order dtd. 29/6/2011 in I.A.No.1635 of 2011, the amount deposited in terms of the impugned order was directed to be kept in a fixed deposit account with a nationalised bank. There was a further direction that the principal amount along with interest accrued thereon should be ordered to be released to the successful party after disposal of this appeal.

(3.) When this matter came up for consideration on 23/8/2013, this Court expressing doubt about the correctness of the decision of the Division Bench of this Court in United India Insurance Co.Ltd. v. Abdul Razak [2012 (1) KLT 818] and referred the matter for a decision by a Larger Bench. The relevant portions of the reference order dtd. 23/8/2013 reads as follows: