SMT. SAVITRI DEVI Vs. BALBEER SINGH

JUDGEMENT

(1.) As both of the above titled appeals have arisen out of the same judgment dated 04.12.2013 rendered by the Workmen Compensation Commissioner, Dehradun, hence, are being taken together by this Court for adjudication.

(2.) In brief, sans unnecessary details, the facts are that deceased Shri Rakesh Singh Rana @ Shri Rajesh Kumar Rana son of Shri Hira Singh Rana was employed as a driver to ply the Tata Sumo vehicle bearing no. UA09-5573 in the hilly roads of district Tehri Garhwal and all around. Unfortunately, when such vehicle was being driven by the aforenamed employee/driver, it was skidded off from the road and fell into deep ditch resulting death of its driver. The dependants-wife, children and mother, presented the petition no. 49/2012 to claim the compensation to the tune of Rs. 4,25,000.00 along with 9% interest thereon and the expenses incurred in such litigation.

(3.) The accident occurred on 05.8.2009. The learned court of the Presiding Officer determined the compensation to the tune of Rs. 3,17,685.00 and granted the 9% simple interest from the date of passing such order. Nay, Rs. 5,000.00 were also granted towards the expenses of the litigation. Feeling dissatisfied on the rate of interest and from the date it was made exigible, the claimants have come up in appeal before this Court by way of filing the AO 194/2014 while Insurance Company has also come up challenging the same judgment on different scores. I have heard the learned counsels of either party.