VAGHER AMAD HUSHEN Vs. SECRETARY G E BOARD

JUDGEMENT

(1.) The petitioner-workman who was employed by the respondent Gujarat Electricity Board received personal injuries in accident on 6th March, 1976 which arose out of and in the course of his employment. The cause of injury was a fall from a height of nearly 40 ft. to 50 ft. while white washing of the wall of the Boiler House of the Power House at Sikka run and owned by the respondent Board. As a result of the injury, the petitioner suffered 75 per cent permanent disability and as no compensation was paid under the Workmen's Compensation Act to the petitioner, registered notice was given on 23rd December, 1976, claiming the compensation but of no avail and, therefore, the petitioner lodged claim before the Workmen's Compensation Commissioner. The employer Board chose to contest the claim of the workman on all counts as to whether the applicant is a workman; whether the accident arose out of and during the course of employment; whether the amount of compensation is due. It also contested the liability to pay interest and penalty.

(2.) The Workmen's Compensation Commissioner found that the applicant is a workman within the meaning of the Act and the accident in question arose out of and in the course of employment of the respondent Board. It further went on to hold that the notice was given by the workman on 23-12-1976 while the accident took place on 6-3-1976 and, therefore, the opponent is not liable to pay penalty and that the opponent has committed any default in making payment of compensation after receipt of the notice, the applicant is entitled to interest from the date of the JULY application. Accordingly, he directed that the claimant is entitled to recover Rs. 20,180.00 as compensation with interest thereon at the rate of 6% per annum from the date of the application till the actual payment of the amount. No penalty was awarded.

(3.) It is against this order that the workman has approached this Court for modifying the award by awarding penalty for delayed payment as well as interest from the date of the accident and not from the date of the application.