UNITED INDIA INSURANCE CO LTD Vs. FATMABEN JAMALBHAI

JUDGEMENT

(1.) Heard learned Advocate Ms. Hina Desai for appellant insurance Company.

(2.) This appeal is filed by Insurance Comnagar in WC (Fatal) Case NO. 10 of 1999 Exh. 20 dated 11th February, 2005 wherein WC Commissioner has partly allowed WC (Fatal) Application and directed opponents No. 1 and 2 that they should jointly and severally deposit an amount of compensation of Rs. 75940. 00 within 30 days from the date of receipt of said judgment for making payment thereof to dependents of deceased. No order as to costs was passed by WC Commissioner. Commissioner has also not granted any amount of penalty as well as interest on the amount of compensation considering the fact that after death of deceased in accident on 11. 3. 96, claim petition no. 315 of 1996 was filed initially by claimants and after passing of judgment therein on 17. 12. 98, claimants filed application for compensation under the WC Act and, therefore, they are not becoming entitled for interest and penalty on the amount of compensation.

(3.) This matter was heard by this Court on 6th April, 2009. After hearing learned Advocate Ms. Hina Desai for appellant, in presence of learned Advocate Ms. Hina Desai, oral dictation in this matter was given by this Court. Subsequently, copy of award passed by MACT Bhavnagar in MACP No. 315/96 decided on 17. 12. 98 has been placed before this Court by appellant and same has been considered by this Court and it is found that therein, claims tribunal has awarded Rs. 99600. 00 with 15% interest in favour of claimants, therefore, matter would require re-hearing. Dictation given by this Court in this matter earlier on 6. 4. 2009 was not yet signed by this court and it had remained only dictation without transcription and after considering award passed by claims tribunal Bhavnagar, therefore, matter was kept for further hearing on 13. 4. 2009. On 13. 4. 2009, after hearing learned Advocate Ms. Hina Desai for appellant, following order was passed by this Court: