ORIENTAL INSURANCE COMPANY Vs. KU. ROMA AND OTHERS

JUDGEMENT

(1.) The appellant has filed the present appeal challenging the award dated 6/1/2012 passed by the Commissioner for Workmen's Compensation, Labour Court, Jabalpur in Case No.159/04/Fatal.

(2.) Notices were issued to the respondents and the respondents have entered their appearance. The respondents have taken a preliminary objection that the appeal is not maintainable under Section 30 of the Workmen's Compensation Act as the appellant has not complied with the mandatory provisions of Section 30 of the Workmen's Compensation Act. It is further submitted that the appeal has been filed by the ensurer without depositing the amount of interest and, therefore, the appeal is not maintainable. Learned counsel for the appellant relies upon the decision passed by the Full Bench of this Court in the case of New India Assurance Co. Ltd. Vs. Smt. Savita Sen and others, reported in 2004 ACJ 2134 and also the decision passed by the Single Bench of this Court in the case of Tulsiram S/o nandram Khati Vs. Daryaobai W/o Gendalal, reported in 1998(1) MPLJ 188 as well as the decision passed by Single Judge in M.A. No.949/2010 (The Oriental Insurance Company Vs. Siyabai and others) decided on 13/11/2013 in which it has been held that the amount of award includes interest also.

(3.) On the other hand, learned counsel for the appellant submits that the appellant has already deposited the principle amount and the appellant is not required to pay the amount of interest as the liability of the payment of interest will come only after fixation of the liability. He relies upon the judgment passed by the Apex Court in the case of P.J. Narayan V. Union of India and others, reported in 2004 ACJ 452.