NEW INDIA ASSURANCE CO LTD Vs. NAMITA DEB

JUDGEMENT

(1.) This appeal by the Insurance Company is against the award of the Commissioner under the Workmen's Compensation Act, 1923, West Tripura (Agartala) dated December 13, 2000 in Case No. T.S. (W.C.) 49 of 1997.

(2.) The claimants, now respondents Smt. Namita Dev and Smt. Tulshi Dev, who are the widow and the mother of the deceased Laxman Dev filed petition before the Commissioner, Workmen's Compensation, West Tripura (Agartala) for award of compensation due to the alleged death of husband of claimant-respondent No. 1 and son of claimant-respondent No. 2 by accident arising out of and in course of employment under Shri Prasenjit Majumdar, owner of Jeep No. TRT-1192. After appreciating evidences on record the Commissioner under the Workmen's Compensation Act, awarded Rs.2,11,790/- as compensation with interest at the rate of 12% per annum w.e.f. February 10, 1996, the date of accident. While awarding the compensation it was observed that the same would also include compensation to the minor son of the deceased.

(3.) The employer aforesaid was insured with the appellant Insurance Company. The application for award of the compensation was filed on December 13, 1997 and the award was given on December 13, 2000. After the awarding of the amount as aforesaid, it was further observed that the Insurance Company, which was a party before the Commissioner, Workmen's Compensation, shall pay the amount of compensation within a period of two months from the date of the award failing which the interest rate shall be 16% per annum after two months.