ORIENTAL INSURANCE CO. LTD Vs. PAREN NARZARY

JUDGEMENT

(1.) This appeal under Section 30 of the Workmen's Compensation Act, 1923, for short, the Act, is preferred against the judgment and order dated 11.03.2002 passed in W.C. Case No. 24 of 2001 by the learned Commissioner, Workmen's Compensation, Dhubri awarding compensation of Rs. 1,48,284/- to the opposite party No. 1 for the injuries sustained by him while being employed as a driver of the opposite party No. 2. By the impugned judgment and order dated 11.03.2002, the learned Commissioner also directed the Oriental Insurance Company Ltd. to pay simple interest @ 9% p.a. on the entire amount of the due compensation from the date of occurrence from 08.10.1999 to 11.03.2002 amounting to Rs. 33,364/-. It is further directed that the total amount of Rs. 1,81,648/- (Rs. 1,48,284/- + Rs. 33,364/-) should be paid on or before 12.04.2002, failing which it is also indicated that additional simple interest @ 9 % p.a. will accrue from the date of the order till the date of deposit in Court. It is submitted by Mr. Dutta that the amount of Rs. 1,48,284/- was deposited by the Insurance Company on 05.10.2002 and on 16.11.2002, the awarded amount was disbursed to the claimant. From the record of W.C. Case No. 24 of 2001, it is also seen that an amount of Rs. 1,47,489/- was disbursed to the claimant on 16.11.2002 after deducting a sum of Rs. 95/- from the awarded amount on account of "BC/PC".

(2.) When the appeal was admitted on 06.05.2003, no substantial question of law was formulated. The matter was partly- heard on 04.05.2012 and 12.06.2012. On 12.06.2012, this Court noticed the aforesaid aspect of the matter and accordingly, after hearing Mr. S. Dutta, the following substantial question of law was formulated:

(3.) In Ved Prakash Garg Vs. Premi Devi & Ors., 1997 8 SCC 1, the question that had fallen for consideration of the Apex Court was as under: