UMA DEVI Vs. NEW INDIA ASSURANCE COMPANY LIMITED

JUDGEMENT

(1.) THIS appeal has been preferred under Section 30 of the Workmen's Compensation Act. 1923. against the judgment and award dated 10 -11 -2004, passed by the Workmen's Compensation Commissioner Chamoli, in W.C. Case No. 08 of 2002 -03. between Smt. Uma Devi and the New India Assurance Company Ltd. and another, whereby the learned Commissioner partly allowed the claim petition of the claimant -appellant and awarded compensation to the tune of Rs. 2,16,000/ - only with future interest @ 9% per annum and rejected the claim for the rest amount as claimed. Aggrieved, the claimant has come up in appeal.

(2.) IN the course of argument, the learned counsel for the appellant confined his prayer only to the contention that the learned Commissioner committed an error of law by not considering the certified copy of the Parivar Register filed by the claimant -appellant to prove the age of her husband and as against this the learned Commissioner determined the age of the deceased as mentioned in the Post Mortem Report for computing the compensation. It was also submitted that apart from the extract of family register, the driving licence of the deceased husband was filed before the court below and in both the documents. i.e. Parivar Register as well as Driving Licence, the date of birth of her husband is mentioned 1.6.1965, which comes to 38 years. The second contention of the appellant is that the learned Commissioner has not awarded pendent lite interest as envisaged by Section 4 -A(3) of the Act. The accident took place on 13 -5 -2003, in which the husband of the appellant died on the spot and as per provisions of law, the claimant is entitled to the interest w.e.f. 12.6.2003 to 10.11.2004.

(3.) THE counsel for the respondent No. 1. Sri T.A. Khan argued that the Insurance Company is not liable to pay the interest. The penalty and interest are to be paid by the employer.