SAVITRI DEVI Vs. SPRING FIELDS PUBLIC SCHOOL

JUDGEMENT

(1.) The present appeal has been filed by the legal representatives of the deceased Ram Dharup who seek enhancement to the extent of rate of interest to the tune of 12% per annum instead of 9% per annum from 22.12.2007, which is after the one month of date of accident. Further penalty due to the Commissioner having not initiated penalty proceedings is, thus, the substantial question of law which has been raised on the ground that it is not justified on the part of employer, since notice under Sec. 10 of Employee's Compensation Act, 1923 had also been issued on 22.02.2008.

(2.) A perusal of the award in question passed by the Commissioner, Yamuna Nagar-I under the Employee's Compensation Act, 1923 (for short 'the Act) on 08.11.2011 would go on to show that a sum of Rs. 3,11970.00 was awarded and interest rate of only 9% was awarded, whereas as per the provisions of the Act under Sec. 4-A 12% is liability of the interest from the date it fell due under sub-Section 3 (a).

(3.) Similarly, under sub-Section 3 (b) there has to be justification for the delay for the payment and under sub-Section 2 provisional payment has to be made by the employer, which has not been done.