ASSAM STATE ELECTRICITY BOARD, REPRESENTED BY ITS DEPUTY PERSONNEL MANAGER (IR), ASEB PALTANBAZAR, GUWAHATI Vs. SMTI PRATIMA NATH WIFE OF LATE LALIT MOHAN NATH RESIDENT OF NARABARI, PO & PS

JUDGEMENT

(1.) In this appeal under Sec. 30 of the Workmens' Compensation Act, 1923 (now designated as Employees Compensation Act, 1923 and hereinafter referred to as Act), the Assam State Electricity Board (as it was named at that time and now as Assam Power Distribution Company Ltd.) has challenged the judgment and award dated 5.2.1999 passed by the learned W.C. Commissioner, Dhubri in WC Case No. 1 of 1999. By that judgment and award, the learned WC Commissioner has directed the appellant company to make payment of Rs.39,803.00 being principal interest to the legal heirs of the deceased workman which had admittedly been paid by the appellant company even before adjudication. This interest was @12% per annum .

(2.) The appeal was admitted on 2.7.1999 but no substantial question of law was framed as is required under the Act. From perusal of the office note, it appears that the notice was duly served on the sole respondent but no one has put up appearance. Under such circumstances and for the ends of justice, this court felt it necessary to appoint an Amicus Curaie on behalf of the sole respondent. Ms. N. Upadhyay learned counsel who was present in the court was asked to appear on behalf of the respondent, who readily agreed.

(3.) I have heard Mr. B. D. Das, learned senior counsel assisted by Mr. N Goswami for the appellant and Ms. N. Upadhyay, learned Amicus Curaie on behalf of the sole respondent.