SHANTI Vs. KANHAIYALAL

JUDGEMENT

(1.) Petitioners have filed this review petition under Order 41 Rule 1 CPC read with Section 151 CPC, being aggrieved by order dated 08/09/2020 passed in Miscellaneous Appeal No. 619/2011 (Smt. Shanti & Ors. Vs. Kanhaiyalal & Anr.).

(2.) The facts of the case in short are that the petitioners had filed a miscellaneous appeal under Section 30 of Workmen's Compensation Act, against the award dated 30/11/2010 passed in Case No.5/98 W.C.A. (Fatal) by Commissioner, Workmen's Compensation Act, Labour Court No.1, Gwalior, whereby Labour Court No.1 Gwalior has awarded Rs.2,24,000/- as compensation along with interest at the rate of 6% per annum from the date of award. Review Petitioners in aforesaid miscellaneous appeal had prayed that the interest be given from the date of the accident and not from the date of award. It was also prayed that the trial Court has wrongly awarded interest at the rate of 6% per annum, whereas it should be at the rate of 12% per annum.

(3.) The aforesaid prayers in miscellaneous appeal were partly allowed by this Court by directing that the appellants shall be entitled to the interest at the rate of 6% per annum on the compensation amount from the date of accident, i.e. 29/01/1998, whereas this Court had declined to interfere with the rate of interest, i.e. 6% awarded by the trial Court. Hence, this review petition has been filed.