GOLJAN NESHA Vs. GOMMON INDIA LTD

JUDGEMENT

(1.) The following question of law was formulated at the time of admission of this appeal under Section 30 of the Workmen's Compensation Act:

(2.) The appellant is widow of late Akbar Ali (a) Akbar Hussain, the workmen, who sustained grievous injuries in an accident in course of his employment on April 4, 1995 and succumbed to his injuries later on in the night. The appellant claimed due compensation. Her application was registered as Case No.W.C. 68/1995 by the Commissioner Workmen's Compensation, Dhubri. Despite objection, her claim was allowed by the Commissioner by passing an award of Rs. 1,62,683/- along with simple interest @ 12% per annum thereon from April 4, 1995 to April 30, 1998 to the tune of Rs. 58,566/- and directed Respondent No.4, the insurer, National Insurance Company Ltd., to deposit the aforesaid amount within 30 days from the date of receipt of the award. Respondent No. 4 filed a petition seeking revision/review of the award on June 21, 1998 on the grounds, inter alia, that the quantum of compensation awarded should have been as per the rate provided in the Workmen's Compensation Act, 1923 as the accident had taken place prior to the amendment of the said Act. Similar petition was also filed by respondent Nos. 1 and 2 on July 31, 1998. These petitions were heard by the Commissioner without serving notice on the appellant, who vide his order dated August 24, 1998 revised his award. The submissions:

(3.) Learned counsel appearing on behalf of the appellant contended that the appeal/ revision/review being creature of statute, and in the absence of any such provision in the Workmen's Compensation Act and/or the Rules framed thereunder, the Commissioner had exceeded his jurisdiction to review his earlier order. Rule 32(2) permits, after pronouncement of the judgment, no addition or alteration other than correction of clerical and/or arithmetical mistake arising from any accidental slip or omission.