MADHABI MAITY Vs. UNITED INDIA INSURANCE CO LTD

JUDGEMENT

(1.) SINCE the employer appeared in the proceeding before the learned Commissioner, but ultimately, did not contest, in exercise of our power conferred under Order 41, rule 14 of the Code of Civil Procedure, we dispense with the service of notice of appeal upon the employer.

(2.) INSTEAD of disposal of the application for stay, we propose to hear out the appeal itself by treating it as on day's list as a pure question of law arises for determination in this appeal.

(3.) AT the same time, the claimants/respondents have also filed a cross-objection, being COT No. 52 of 2009, in which the claimants have prayed for grant of interest in terms of section 4-A of the Workmen's Compensation Act, even if the insurance company deposited the amount within 60 days from the date of the award. Since the original cross-objection is not on record, the copy of the same filed today by Mr. Mandal be treated as original, so long the original is not found out. It is needless to mention that the copy of cross-objection has already been served upon Mr. Singh, the learned advocate appearing on behalf of the appellant.