DIVISIONAL RAILWAY MANAGER NORTHERN RAILWAY Vs. URMILA DEVI

JUDGEMENT

(1.) This appeal is directed against order of the Commissioner under Workmen's Compensation Act, 1923, Ambala (for short 'the Commissioner') by which he has allowed interest at the rate of 9 per cent per annum on the award amount of Rs. 1,92,140 from 17.1.1999 to 16.1.2006, which comes to Rs. 1,21,048, to be paid to the applicant (respondent herein) within a period of 30 days from the date of that order, failing which the applicant/respondent is held entitled to further recover interest at the rate of 12 per cent per annum from the date of that order up to the date of payment. In brief, one Bhikhari Yadav, who was working as gangman with appellants/Railways, died on 16.12.1998 on account of an accident during the course of his employment. After his death, one Urmila Devi along with her minor son Umesh Kumar, resident of Luxmi Flour Mills, Gurudwara Road, Rajpura Town, District Patiala (Punjab) [hereinafter referred to as 'Urmila of Punjab'] filed a civil suit at Ambala in order to claim service benefits of deceased Bhikhari Yadav, in which besides impleading the Railways she impleaded Urmila Devi, wife of not known, resident of village Kala Balwa, Tehsil Bhinalia, District Purnia (Bihar) [hereinafter referred to as 'Urmila of Bihar'] and four others. In the said suit, she had also prayed for injunction that during the pendency of the suit the service benefits of Bhikhari Yadav may not be given to the defendants. On 16.11.1999, status quo was granted by the trial court which was vacated on 20.2.2004. Thereafter, Urmila of Punjab filed a miscellaneous appeal on 12.3.2004 in which restraint order was passed by the Additional District Judge, Ambala. However, the said miscellaneous appeal was dismissed on 15.5.2006. In the meantime, Urmila of Punjab also filed an application under the Workmen's Compensation Act, 1923 (for short, 'the Act') before the Commissioner for claiming compensation on account of the death of Bhikhari Yadav (deceased) during the course of his employment. In that case, the Commissioner awarded the compensation on account of the death of Bhikhari Yadav (deceased) to the tune of Rs. 1,92,140. The said amount was deposited by the appellants/Railways with the Commissioner on 17.1.2006. It is also submitted that Urmila of Punjab made the following statement on oath before the Commissioner on 21.3.2007:

(2.) Thereafter, the amount of compensation was disbursed by the Commissioner to Urmila from Bihar. In this regard, learned counsel for the appellants has placed on record, by way of C.M. No. 22589-CII of 2010, certain documents which include the statement of Urmila of Bihar and order of the Commissioner, which read as under:

(3.) After the aforesaid litigation was over, Urmila from Bihar filed another Claim Petition No. 28/WC/2007 against the Railways for the purpose of claiming interest on the amount of compensation from the date it fell due. The said application was contested by the appellants, in which only two issues were framed, namely, (i) Whether the claimant is entitled to any compensation from the respondents? If yes, then how much? OPP; and, (ii) Relief. After considering the evidence available on record, learned Commissioner awarded interest of an amount of Rs. 1,21,048 w.e.f. 17.1.1999 to 16.1.2006, and ordered that in case the amount of interest is not paid within 30 days from the date of that order, the applicant/respondent would get interest at the rate of 12 per cent per annum from the date of that order up to the date of payment. This order has been challenged by the appellants before this court on the ground that as per section 10 of the Railway Claims Tribunal Act, 1987 (sic Workmen's Compensation Act, 1923) the limitation to file claim petition is two years, but the same has been filed beyond the period of limitation. Learned counsel for the appellants has vehemently argued that the learned Commissioner has committed a patent error of law in allowing the time-barred claim.