NEW INDIA ASSURANCE COMPANY LTD Vs. NAND LAL

JUDGEMENT

(1.) This appeal under Section 30 of the Workmen's Compensation Act has been filed against the order passed by the Commissioner under the Workmen's Compensation Act, Arki, in case No. 2 of 2000 decided on 7.1.2003.

(2.) THE brief facts of the case are that the claimant filed a petition under the Workmen's Compensation Act for the grant of compensation. This petition was filed on 1.7.2000. In the petition it was alleged that on 13.3.1993 when the claimant Nand Lal was employed as Cleaner in truck No. HIS -1978 belonging to respondent Kundan Sen Thakur he met with an accident which resulted in an injury to his log. According to the claimant he suffered disablement to the extent of 60%. He stated that his income was Rs. 2,000/ - per month and apart from this he used to receive Rs. 50/ - as daily allowance. The truck in question was insured with the appellant -Insurance Company. The claim petition was contested by all the respondents. The Insurance Company had taken up the plea that the petition is hopelessly time barred and should be dismissed on this ground alone. In addition thereto the Insurance Company raised other pleas. The evidence was led by the parties and thereafter the Commissioner Workmen's Compensation, Arki vide his impugned order dated 7.1.2003 has assessed the compensation payable to the claimant at Rs. 3,78,370/ -. In addition thereto the claimant has been held entitled to interest @ 12% p.a. from the date of accident till the date of payment of compensation. He has further ordered that in case the amount alongwith interest is net deposited within 30 days the respondents shall pay 50% of the assessed amount as penalty.

(3.) THE following questions of law arise in this appeal: