MUMTAZ Vs. EXECUTIVE ENGINEER

JUDGEMENT

(1.) By way of instant appeal filed under Section 30 of the Workmen's Compensation Act, challenge has been laid to order dated 31.12.2011 passed by the Commissioner under Employee's Compensation Act in Case No. 16/2 of 2011/10, whereby the Commissioner below while allowing the petition filed under Section 4 of the Workmen's Compensation Act, 1923 held the appellantclaimant entitled to compensation to the tune of Rs. 5,84,800/- and Rs. 5,000/- as funeral charges. Learned Commissioner below, while awarding aforesaid amount as compensation, also directed the respondent-Board to pay/deposit the aforesaid compensation amount within one month from the date of order i.e. 31.12.2011 before him, failing which respondent was directed to pay interest @ 12% per annum after 31.1.2012.

(2.) Ms. Shikha Chauhan, Advocate, while inviting attention of this Court to impugned order dated 31.12.2011, fairly stated that there is no challenge as such to the quantum of compensation awarded by the learned Commissioner below in petition under Section 4 of the Workmen's Compensation Act filed by the claimant, rather, petitioner is aggrieved with non-grant of interest from the date of accident, as prayed in the petition filed under Section 4 of Employee's Compensation Act. Learned counsel further contended that otherwise also, aforesaid award passed by learned Commissioner below has attained finality qua amount of compensation since no appeal, whatsoever, has been preferred against the same by the respondentBoard.

(3.) Learned counsel while placing reliance upon the judgment passed by this Court, in case titled as Sita Ram versus Satvinder Singh & another, 2008 2 LatestHLJ 1110, contended that the appellant-claimant is/was entitled to interest @ 12% per annum on compensation amount, from the date of accident. Learned counsel also placed reliance upon judgment of Hon'ble Apex Court in Pratap Narain Singh Deo versus Shrinivas Sabata and another, 1976 AIR(SC) 222 to contend that employer becomes liable to pay compensation as soon as injury is caused to the workman.