NATIONAL INSURANCE CO LTD Vs. SANDHYA RANI DAS

JUDGEMENT

(1.) HEARD Mr. A. R. Barman, learned counsel for the appellant-National Insurance Company Ltd. Also heard Mr. G. S. Bhattacharjee, learned counsel for the respondent No. 3.

(2.) THE present Civil Revision Petition under Article 227 of the Constitution has been preferred by the appellant-Insurance Company against the judgment dated 26. 6. 2006 passed by the Commissioner, Workmen's Compensation, West Tripura, Agartala in Case No. TS (WC) 55 of 2003 specifically against the direction to pay interest at the rate of 12% on the awarded amount of compensation of Rs. 4,29,640/- with effect from filing of claim petition on 19. 11. 2003 till the date of payment.

(3.) IT appears that T. S. (W. C.) No. 55 of 2003 was preferred u/s. 4 / 4a/10 of the Workmen's Compensation Act, 1923 (in short called "compensation Act") by Smti. Sandhya Rani Das and Smti. Sima Das before the Commissioner, Workmen's Compensation, West Tripura, Agartala claiming compensation in reference to the death of Bappi Das, husband of claimant Smti. Sandhya Rani Das in an accident which took place in course of employment under Shri Nil Ratan Paul, opposite-party/respondent No. 3 herein while driving a Minibus bearing No. TR-02-1210 along with passengers. The said suit/claim petition No. TS (WC) 55 of 2003 was adjudicated by the Commissioner, Workmen's Compensation after framing issues and on appreciation of the materials of records, evidences and witnesses and a compensation of Rs. 4,29,640/- was directed to be paid by the opposite-party in equal share along with interest @ 12% per annum from the date of filing of the claim petition on 19. 11. 2003 till the date of payment. In the said suit/claim petition, the employer (respondent No. 3) as well as the Insurance Company, the present petitioner have contested the said suit, whereby, learned Commissioner, Workmen's Compensation while awarding compensation has directed payment of interest to be made by the Insurance Company. The present petitioner/national Insurance Company Ltd, specifically being aggrieved by such direction made in impugned order dated 26. 6. 2006, has preferred present Civil Revision Petition under Article 227 of the Constitution on the limited ground, whereas, the petitioner-Insurance Company is not aggrieved by the quantum of compensation awarded by the learned Commissioner, Workmen's Compensation.