ORIENAT INSURANCE COMPANY Vs. NARDU DEVI

JUDGEMENT

(1.) THIS appeal by the Insurance Company is directed against the award dated 29.6.2006 passed by the Commissioner, Workmen 's Compensation, whereby he awarded compensation of Rs. 2,85,360/ - to the claimants and also awarded interest at the rate of 12% per annum from the date of accident till date of payment of awarded amount.

(2.) AT the time of admission of the appeal no substantial question of law was framed but as per the appellant, the following substantial questions of law arise in this case: -

(3.) AS far as the first question is concerned, there is no doubt that the petition has been filed beyond the period of limitation but the fact remains that most of the claimants were minor at the time of accident and in terms of Section 6 of the Limitation Act they could have filed the claim petition even after becoming major. The Workmen 's Compensation Act is an Act meant to give relief and succour to the heirs of deceased workman and the Insurance Company cannot be allowed to contest the case on the issue of limitation. Reference in this behalf may be made to the judgment of this Court in Bhuvneshwari Devi and others v. Murari Lal and Anr., 1985 ACJ 730 wherein this Court has specifically held that the Insurance Company should not contest the claim petition on the ground of limitation.