VIGHNESHWARI Vs. FOREST SECRETARY, STATE OF UTTARAKHAND, DEHRADUN

JUDGEMENT

(1.) 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.

(2.) Learned Counsel for the appellant has relied on judgment of a Constitutional Bench of Hon'ble Apex Court, rendered in Pratap Narain Singh Deo v. Shrinivas Sabata & Another, 1976 AIR(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 Hon'ble Apex Court has laid down as under:

(3.) The above law still holds the field and it has been followed time and again. Hon'ble Apex Court has followed this judgment in the case of Oriental Insurance Co. Ltd. v. Siby George & Others, 2012 3 ACC 367, which also pertained to the Workmen's Compensation Act and, wherein, it was determined that the rate of interest shall be calculated w.e.f. the date when the cause of action arose.