LAWS(GJH)-2021-12-1267

BHIKHABHAI KALIDAS RATHOD Vs. ANILKUMAR PRAKASHCHANDRA SHAH

Decided On December 01, 2021
Bhikhabhai Kalidas Rathod Appellant
V/S
Anilkumar Prakashchandra Shah Respondents

JUDGEMENT

(1.) The order dtd. 15/12/2017 passed by the Ex of ficio Commissioner W.C. Act, Labour Court, Surat in W.C. Application Fatal No. 31 of 2009 is under challenge in this appeal under sec. 30 of the Workmen Compensation Act ("WC Act" for short) so far as it relates to fastening liability of payment of interest on the awarded compensation on the respondent employer alone.

(2.) I have heard Mr. Hiren Modi, learned advocate for the appellants and Mr. Niket Modi, learned advocate for Ms. Roma Fidelis, learned advocate for respondent No. 1 and Mr. K.V. Gadhia, learned advocate for respondent No. 2.

(3.) The following substantial question of law falls for consideration in this appeal. Whether in the facts of the case, the Commissioner has fallen in error in fastening liability of payment of interest on the awarded compensation on the respondent employer alone though insurance policy was under the Motor Vehicles Act ?