ORIENTAL INSURANCE CO LTD Vs. NEETU

JUDGEMENT

(1.) HEARD Sri Anupam Shukla, learned counsel for the appellant and Sri S.D. Ojha, appearing on behalf of the respondents.

(2.) THIS is an Appeal by the insurer of Bolero Jeep, bearing registration number, UP-55-F-5051, under Section 30(a) of the Employees Compensation Act, 1923. The undisputed facts of the case are that Mahajan Yadav, son of Babu Ram, was the Driver of the Bolero Jeep, bearing registration number UP-55-F-5051. The said vehicle met with an accident on 29th August, 2010 in which Mahajan Yadav died while he was on duty in the course of his employment. The Commissioner, Workmen's Compensation awarded Rs.4,72,320/= towards compensation alongwith interest at the rate of 12% per annum from the date of accident.

(3.) I do not find substance in the argument of learned counsel for the appellant. In Musabir's case it was held that the crucial expression being 'falls due' so unless the claim of the concerned workmen is adjudicated, question of an amount falling due does not arise. In Pal Raj's case (supra) it was observed that 'compensation u/s 4 of Workmen's Compensation Act is to be paid as soon as it falls due and in case of default in payment of the compensation due under the Act within one month from the date when it falls due, the Commissioner would be entitled to direct payment of simple on the amount of arrears @ 12 per annum or at such higher rates which do not exceed the maximum lending rates of any scheduled Bank as may be specified by the Central Government.' All these cases have been decided by a division bench of Apex Court consisting of two Hon'ble Judges.