RAKSHA DEVI Vs. H.P. STATE ELECTRICITY BOARD

JUDGEMENT

(1.) APPELLANT No. 1 is the widow, whereas appellants 2 and 3 are the minor daughters of workman Prithi Singh who met with fatal accident on 2.5.1990 during the course of his employment as Beldar with respondent-Himachal Pradesh State Electricity Board (hereinafter called 'the Board'). Original respondent No. 6 Smt. Gulabo Devi was the mother of the workman who has died during the pendency of this appeal and her legal representatives were brought on record. The appellants and original respondent No. 6, Smt. Gulabo Devi, have been awarded an amount of Rs. 51,257/- as compensation by the award dated 9.12.1992 passed by the Commissioner under Workmen's Compensation Act, HPSEB, Shimla, Camp at Solan. It has been apportioned equally among all the claimants i.e., the appellants and original respondent No. 6, Smt. Gulabo Devi. The appellants have not challenged the quantum of compensation awarded by the Commissioner. Their precise challenge to the award is that he has not awarded the interest and penalty Under Section 4-A of the Workmen's Compensation Act, 1923 (hereinafter called 'the Act').

(2.) WE have heard learned Counsel for the parties and gone through the record. In order to appreciate their respective submissions reference to Section 4-A of the Act is desirable Section 4-A is:

(3.) IN the present case, the employer being the instrumentality of the State was expected to act itself as the model employer and make payment of the compensation as soon as it fell due, i.e., within one month from the date of accident, but from the record it is clear that the employer has failed to pay the amount of compensation Under Section 4 of the Act within one month from the date of accident when it fell due, making itself liable to pay interest at the rate of 6% on the amount of compensation from the date of accident till the date of payment. After waiting for 3 1/4 months the appellants had filed application before the Commissioner for Workmen's Compensation, Solan, who had transferred it to the Commissioner, under Workmen's Compensation Act, HPSEB, Shimla, before whom Assistant Executive Engineer (E), Sub Division HPSEB, Parwanoo appeared on 14.1.1991 and took time to file reply to the claim petition and wages chart. The appellants were also directed to file legal heirs certificate and date of birth certificate of deceased workman. Despite opportunities granted to the representative of the employer, reply to the claim petition was not filed and the Commissioner proceeded to record the statements of appellant Raksha Devi and Ashok Kumar Bhatia, Junior Engineer, Electric Sub Division, Parwanoo, who has admitted that Prithi Singh workman was working as Beldar and he had died while performing his duty. As per this witness, the workman was getting Rs. 20/- per day and his date of birth is 20.5.1962. He has also stated that the Board has no objection for the payment of compensation as per law. If it was so the Board was required to make the payment when it fell due instead of waiting for the award to be passed by the Commissioner.