KEHAR SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THIS appeal by the original claimant-workman is instituted Under Section 30 of the Workmen's Compensation Act, 1923 (hereinafter referred to as "the Act") against the award of the Commissioner, Workmen's Compensation, HP. PWD., Shimla, (hereinafter referred to as "the Commissioner") dated March 24,1987. Initially, in the memo of appeal, the challenge to the award was directed against the quantum of compensation. Subsequently, however, the award was challenged also on the ground that the Commissioner had erred in law in not awarding interest on the compensation amount and in not imposing the penalty for default in paying the compensation within the time limited by law. At the hearing of the appeal, the challenge has been confined only to the latter ground.

(2.) THE material facts, which are required to be set-out for the pur poses of considering the challenge aforesaid, are few. The accident giving rise to the claim petition occurred on August 6, 1985. The appellant was admitted as an indoor patient in the Kotgarh Hospital and he received treatment as such for a period of one week. After discharge he was advised rest for a period of 45 days and appears to have been treated as an outdoor patient during the said period. His case was thereafter referred to the Indira Gandhi Hospital, Shimla where he was treated as an indoor patient from October 4, 1965 to November 1, 1985.

(3.) AFTER the award was made in the presence of the appellant and the Naresh Kumar, an employee in the office of the S.D.O., Thanedhar, a sum of Rs. 18,904/- was remitted by the S.D.O., Thanedhar, to the Commissioner under the cover of letter dated May 15, 1987 which was received on May 18, 1987. Be it stated that the said sum included not only the amount payable to the appellant under the aforesaid award but also the amount payable to some other claimants under different awards. The compensation amount was thereafter paid to the appellant on June 28, 1987.