NEW INDIA ASSURANCE CO LTD Vs. LAL DEI

JUDGEMENT

(1.) This appeal is directed against the award dated 31.1.2012 passed by the Commissioner under Employee's Compensation Act, 1923 (Assistant Labour Commissioner, Jammu; for brevity 'the Commissioner') in case titled Lai Dei v. Kirtan Singh, in terms whereof an amount of Rs. 4,39,900 was awarded as compensation in favour of the claimants-respondents (for brevity 'the claimants'). The Commissioner also awarded interest of Rs. 94,578. The award was directed to be satisfied by respondent No. 2, insurer, as the offending vehicle was insured with it and the policy was effective at the time of accident. The impugned award has been assailed to the extent of directing of payment of interest by the appellant insurer.

(2.) Heard rival sides and perused the record.

(3.) It is not in dispute that the deceased Davinder Singh was working as cleaner on Tata vehicle No. JK 02-F 2787 owned by respondent No. 1 who was an 'employee' as defined under the Employee's Compensation Act, 1923. It is also not disputed that the deceased met with an accident arising out of and during the course of his employment with respondent No. 1. Finding by the Commissioner that the deceased was aged 23 years at the time of accident, and assessment of salary at Rs. 4,000 per month for the purpose of computation of compensation has not been questioned. It is also not in dispute that the offending vehicle was being plied within the conditions and terms of insurance policy. Since findings of fact on the relevant issue have not been assailed, the award of compensation to the tune of Rs. 4,39,900 does not form the subject of controversy. The points for consideration raised in this appeal are: