DASHODA DEVI Vs. STATE OF H.P.

JUDGEMENT

(1.) THIS appeal has been filed against the order dated 2.3.2004 passed by the Commissioner under the Workmen's Compensation Act, 1923 (hereinafter referred to as 'the Act') vide which compensation was awarded to the claimants without awarding any interest thereon to them.

(2.) THE facts which are necessary for the decision of the present appeal, are that the claimants had filed a petition under the provisions of the Act for the grant of compensation for the death of Jagan Nath deceased while under the employment of the respondents. The case was contested by the respondents. After hearing both sides, the Commissioner under the Act found that Jagan Nath deceased was an employee of the respondents duly covered as Workmen under the aforesaid Act and that he died while discharging his dues and the applicants who were dependent on the deceased are entitled to compensation. It also found that the deceased was aged 31 years at the time of his death and was getting Rs. 1,650/ - per month. Resultantly, a sum of Rs. 1,69,933/- was awarded to the claimants as compensation. However, no order was passed with regard to the grant of interest on the aforesaid amount of compensation. This necessitated the filing of the present appeal by the claimants, claiming interest on the aforesaid amount of compensation.

(3.) IN view of the above, the present appeal is allowed, the order dated 2.3.2004 passed by the Commissioner under the Act is modified and it is directed that in addition to the amount of Rs. 1,69,933/-, which was awarded to the claimants as compensation, the claimants shall also be entitled to simple interest on the aforesaid amount of Rs. 1,69,933/- @ 12% per annum from the date of accident till payment and the respondents were liable to pay the same to the claimants. Announced.