PARAMJEET KAUR Vs. M/S. ACC LIMITED

JUDGEMENT

(1.) By way of instant appeal filed under Sec. 30 of the Employee's Compensation Act, 1923, challenge has been laid to order, dated 30.10.2017, passed by the learned Commissioner under the Employee's Compensation Act, 1923, in case No. 33/2 of 2016/10, titled as Paramjeet Kaurothers Vs. M/s. ACC Limitedothers, whereby appellants (for short petitioners) have been held entitled to compensation to the tune of Rs. 1,05,895/alongwith interest @ 12% per annum from 6.2.1997 till realization of the amount. Since, employer i.e. M/s. ACC Limited principal employer and M/s. Naresh Coal Company i.e. the actual employer, failed to pay the compensation amount within statutory period, learned Commissioner below also held petitioners liable to damages/penalty at the rate of 10% on the original compensation amount to be paid by respondents No. 1 and 3 jointly.

(2.) Ms. Megha Kapur Gautam, learned counsel representing the appellants-petitioners, while inviting attention of this Court to the impugned order visavis evidence adduced on record, vehemently argued that compensation awarded by the learned Court below is inadequate and not in accordance with the provisions contained in section 4 of the Workmen Compensation Act,1923. Since, accident occurred on 6.1.1997, provisions of Workmen Compensation Act, 1923, applicable on that date shall be applicable qua the case of the appellants/claimants/petitioners. While inviting attention of this Court to explanation II of Sec. 4 of the Act, Ms. Megha Kapur Gautam, learned counsel argued that where monthly wages of a workman exceed two thousand rupees, his/her monthly wages for the purpose of clause A and B, shall be deemed to be two thousand rupees only, whereas in the present case, income of deceased has been taken as Rs. 1000.00.

(3.) Mr. Praneet Gupta,learned counsel representing respondent No. 2 Insurance company while conceding the aforesaid fact, contended that no doubt as per explanation II of Sec. 4 of the Act, two thousand rupees is/was required to be taken as income of the deceased while computing the amount of compensation, but in the present case there is inordinate delay in maintaining the present appeal under Employee's Compensation Act and as such, no case, if any, is made out for enhancement of compensation.