NATIONAL INSURANCE CO LTD Vs. KANAI DASGUPTA

JUDGEMENT

(1.) By an order, dated 16.6.2005, passed in T. S. (W.C.) 2 of 1998, the learned Commissioner, Workmen's Compensation, North Tripura, Kailashahar, has awarded, in all, a sum of Rs. 1,71,415.00 as compensation to the respondent No. 2 and 3 herein, under the Workmen's Compensation Act, 1923, with further direction that the said amount of compensation would carry simple interest @ 12% per annum from the date of filing of the claim petition until realization of the entire amount. The learned Commissioner further directed the Insurer, namely, the petitioner herein, shall make payment of the said awarded amount of compensation with interest within a period of 45 days. Aggrieved by the award so passed, the Insurer made an application for review of the directions given to them for making payment of the interest. This review application gave rise to Misc. (Review) 10 of 2005. As there was delay in making the application for review, an application under Section 5 of the Limitation Act was made by the Insurer seeking condonation of delay. This application for condonation of delay gave rise to Civil Misc. No. 11 of 2005. By order, dated 15.6.2005, the learned Commissioner declined to condone the delay and in consequence thereof, another order was passed, on the same day, i.e. on 15.6.2005. by the learned Commissioner, dismissing the review application. It is in such circumstances that the Insurer has come to this Court with the present application made under Article 227 of the Constitution of India.

(2.) I have heard Mr. A. Lodh, learned Counsel for the petitioner-Insurer and Mr. P. K. Dhar, learned Counsel for the owner-respondent No. 1. I have also heard Mr. R Saha, learned Counsel appearing for the claimant-respondent Nos 2 and 3.

(3.) Resisting the maintainability of the present writ petition, it has been submitted by Mr. R K. Dhar, learned Counsel for the respondent-owner, that as the application for review made by the present petitioner has failed, the petitioner-Insurer cannot invoke this Court's jurisdiction under Article 227 of the Constitution.