SUNITA Vs. NEW INDIA INSURANCE COMPANY LTD.

JUDGEMENT

(1.) FAO No. 289 of 2014

(2.) Though, in the operative part of the impugned verdict, the learned Commissioner has assessed compensation amount in a sum of Rs. 8,06,640.00, liability of defrayment whereof stands fastened upon the insurer, yet the learned Commissioner has also proceeded to, on failure of the insurer to, within one month from the date of recording of the impugned verdict, make deposit of the compensation amount, fasten a further liability upon it qua its also indemnifying the statutory penalty vis-a-vis the claimants besides fastened a liability upon it qua its also indemnifying, the penal interest leviable thereon in accordance with the relevant statute, vis-a-vis the claimants. None of the substantial questions of law, whereon the instant appeal stands admitted, impinge upon the adequacy or the legitimacy of the quantum of compensation determined in the impugned award, hence it is apparently unnecessary to determine the fact whether the quantum of compensation determined in the impugned verdict, suffering from any error of any mis-appreciation or non-appreciation by the learned Commissioner, of any relevant or germane evidence or his committing any error of his mis-applying the relevant statutory provisions.

(3.) However, the operative part of the impugned verdict, wherein the learned Commissioner has proceeded to, on failure of the insurer "to" within one month since the recording of the verdict, "deposit" the compensation amount, render it liable to defray statutory penalty besides rendered it liable to pay penal interest leviable thereon in accordance with the relevant statute, vis-a-vis claimants, is per se in flagrant transgression, of the relevant provisions of the Employees' Compensation Act. In the learned Commissioner apparently making the aforesaid direction upon the insurer qua its, for the relevant omissions, hence being amenable to pay the statutory penalty besides defray penal interest leviable upon the compensation amount, in consonance with the relevant statutory provisions, vis-a-vis the claimants, he has obviously misread the relevant provisions occurring in Sec. 4(A) of the Employees' Compensation Act, provisions whereof stands extracted hereinafter: