MANGILAL Vs. VISHNU PATIDAR

JUDGEMENT

(1.) BEING aggrieved by the award dated 9.3.2004 passed by Commissioner for Workmen Compensation, Labour Court in Case No. 5/ 2000 whereby in a case of fracture of right leg, the learned Court below has awarded a sum of Rs. 82,765/- along with interest @ 6% per annum the present appeal has been filed.

(2.) LEARNED counsel for appellant submits that accident took place on 3.1.1999 while section 4-A of the Workmen Compensation Act was amended with effect from 15.9.1995 according to which appellant is entitled for interest @ 12% per annum. It is submitted that learned Court below committed error in awarding the interest @ 6% per annum.

(3.) LEARNED counsel for appellant submits that from perusal of the policy, it is evident that there was no clause in the policy that Insurance Company shall not be liable for payment of compensation. Apart from this, it is submitted that no appeal has been filed by the Insurance Company.