NEW INDIA ASSURANCE CO LTD Vs. SHANKAR GHATA

JUDGEMENT

(1.) The affidavit-of-service filed today in Court be kept on record. In spite of service of notice no one appears on behalf of the opposite parties.

(2.) The petitioner has assailed an order dated 12.05.2008 passed by the Commissioner, Workmen's Compensation Court in Certificate Case No. 145 of 2008 whereby and whereunder the distress warrant was issued against the petitioner for realization of the interest accrued on amount of compensation. Admittedly, the petitioner suffered a judgement in Claim Case No. 161 of 1995 by which a sum of Rs. 1,05,895/- was directed to be paid on account of compensation for loss of his earning capacity. The petitioner was further directed to deposit the said sum of compensation within two months from the date of the order failing which the simple interest at the rate of 6% p.a. was directed to be paid on the said quantum of compensation.

(3.) Although according to petitioner an appeal is preferred against the said judgement but the petitioner could not produce any document from which it could be gathered that the operation of the said judgement has been stayed.