ASHOK KUMAR DHINGRA Vs. MANJU AND OTHERS

JUDGEMENT

(1.) The present appeal has been filed by the employer who is aggrieved against the order of the Commissioner dated 14.01.2014 under the Employee's Compensation Act, 1923 wherein, the interest liability was fixed upon him in view of the judgment passed by this Court in FAO No. 320 of 2009, Bouti Devi and another v. M/s. Yamuna Packages and others which was decided in bunch of cases, the lead case of which was FAO No. 2084 of 2008, ICICI Lombard General Insurance Company Ltd. v. Smt. Sanjida and another.

(2.) Thus, the sole substantial question of law which arises for consideration is whether the Commissioner was justified in holding that the owner of the vehicle, the employer, is liable to pay the interest element.

(3.) Respondents No. 1 and 2 were the claimants being the parents of the deceased Jitender Jaiswal, who was engaged as a cleaner on the truck had sought the claim on account of the death which took place on 02.04.2011 in the State of Jharkhand. An FIR No. 24 of 2011 had also been lodged under Sections 279, 304-A and 427 IPC and a post mortem had also been conducted on the basis of which, a legal notice had also been served. Keeping in view the documents placed on record, it was held that the death of the deceased stood proved that it had happened on account of an accident arising out of and in course of the employment with the present appellant. Resultantly, the minimum rate of wages was taken as Rs. 4502-98/- and keeping the relevant factor 228.54, compensation to the tune of Rs. 5,14,444/- was assessed along with interest on the entire compensation amount @ 12% after one month from the date of accident.