REHANA BI Vs. MALI KAILASH RAM

JUDGEMENT

(1.) This appeal has been filed Under Section 30 of the Workmen's Compensation Act, 1923 against the order dated 1st January, 2009 passed by Commissioner for Workmen's Compensation.

(2.) The dependents of deceased-Syed Javed, have filed an application Under Section 10 of the Workmen's Compensation Act, 1923 seeking compensation as the deceased was died during the course of employment. The Tribunal adjudicated the compensation and awarded the total sum of Rs. 4,33,820/-. It has further been directed that from the date of filing of the application i.e. 19th May, 2007 till its realization interest @ 12% per annum shall be payable. It has further been directed that the non-applicant shall pay the interest within 60 days.

(3.) Shri. J.M. Poonergar, learned Counsel for the Appellants, submits that the direction as issued by the Commissioner for Workmen's Compensation for payment of the interest only against the employer is not in accordance with the judgment of the Apex Court in the case of Kamla Chaturvedi v. National Insurance Co. and Ors., 2009 1 TAC 1 In view of the aforesaid, it is urged that the interest may be awarded against the Insurance Company in the light of the said judgment.