NEW INDIA ASSURANCE COMPANY LIMITED Vs. RAKESH

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.No.7 of 2008 before the Commissioner for Workmen's Compensation, Kozhikode. The order dtd. 29/11/2012 in that compensation case allowing the 1st respondent"claimant compensation of Rs.7,17,239.00 and its interest at the rate of 12% per annum is under challenge in this appeal.

(2.) There was a delay of 66 days in filing this appeal. As per the order dtd. 26/6/2013, the delay was condoned. As per the order dtd. 2/7/2013 in I.A.No.1664 of 2013, the amount deposited in terms of the impugned order was directed not to be paid to the 1st respondent-claimant the amount of compensation, which was in deposit, in excess of Rs.4,78,159.00 and its interest at the rate of 12% per annum.

(3.) When this matter came up for consideration on 10/9/2013, this Court referred this matter to a Full Bench along with M.F.A.(ECC) No.124 of 2011. That appeal was referred 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: