SMT. VIGHNESHWARI Vs. FOREST SECRETARY, STATE OF UTTARAKHAND

JUDGEMENT

(1.) Mr. Prabhat Pande, Advocate, for the appellant. Mr. I.P. Kohli, Brief Holder, for the respondent no. 1. Smt. Seema Sirohi, Advocate, for the respondents no. 2 and 3.

(2.) Having heard the rival contentions, it transpires that Mukesh Rana lost his life on 27.1.2006 under the employment of the respondents. While performing his official duties on that day, he fell down from the tree and passed away. Case No. WCA 11/2006 was heard by the Commissioner for Workmen 's Compensation and, vide the judgment and order dated 27.10.2008, he awarded the compensation to the tune of Rs. 3,16,672/ - to the wife of the deceased (appellant herein). It was further directed that the respondents shall deposit such amount within a period of 30 days from the date of order, otherwise interest @ 12 per cent per annum w.e.f. the date of order shall be exigible from the employer on the said amount of compensation. The respondents deposited this amount in the office of the Commissioner for Workmen 's Compensation on 19.11.2008.

(3.) Learned Counsel for the appellant has relied on judgment of a Constitutional Bench of Honourable Apex Court, rendered in Pratap Narain Singh Deo Vs. Shrinivas Sabata & 2 another, AIR 1976 SC 222, wherein it has categorically been held that the amount of compensation shall be deemed to have fallen due on the date of accident which was relevant to determine as to when the cause of action arose. In paragraphs 7 and 8 of its judgment, the Honourable Apex Court has laid down as under: