NEW INDIA ASSURANCE CO LTD Vs. MANPHOOL SINGH

JUDGEMENT

(1.) THOUGH the ease was listed for consideration of the application for vacation of stay, however, keeping in view the nature of the controversy, this matter has been heard for final disposal with the concurrence of counsel for the parties.

(2.) INSURANCE company, appellant herein, has challenged award dated 28. 2. 1997 passed by the Commissioner under the workmen's Compensation Act, 1923, Hisar (hereinafter referred to as 'the commissioner') awarding the compensation to the tune of Rs. 4,72,944, interest to the tune of rs. 2,01,001 and the expenses to the tune of Rs. 2,000, total Rs. 6,75,945. The award further directs the insurance company to deposit the amount within 30 days from the date of order, failing which the whole amount will be recovered along with 15 per cent per annum interest from the date of order up to the date of payment.

(3.) THOUGH the insurance company has challenged the award as a whole, however, during the course of arguments and keeping in view the findings recorded by the commissioner, on the basis of the facts, learned counsel appearing for the insurance company has ultimately confined his arguments to the question of payment of interest. It has been urged on behalf of the appellant that the Commissioner has awarded interest from the date of accident at the rate of 10 per cent per annum and not from the date of order. According to the learned counsel, interest under section 4-A (1) of the Workmen's Compensation act, 1923 (hereinafter referred to as 'the act') becomes payable from the date of the order and not from the date of the accident. With a view to appreciate the contention of the appellant, it is deemed appropriate to examine the provisions of section 4-A of the Act which is reproduced hereunder: