DIVISIONAL MANAGER, SFC Vs. SULTAN PARRAY AND ORS.

JUDGEMENT

(1.) This Letters Patent Appeal is directed against the judgment and order dated 4-2-2009 passed by the learned single Judge in CIMA No. 123/2007, whereby the learned single Judge has held that the applicant/respondent No.1 herein is entitled to interest on compensation amount, from the date of receipt of injury.

(2.) It is relevant to notice herein as under the brief resume of the case, as emerged from the pleadings of the CIMA as well as the memo of appeal.

(3.) The applicant-respondent No. 1 was a workman employed by the non-applicant-appellant herein. On 11-2-1998, respondent No. 1 received injury by an accident arising out of and in the course of his employment while working on Mahan in Khellani Nullah (Bhaderwah). A scant fell on his knee which resulted into disablement of the applicant-respondent No. 1. He was working as Mistry and his monthly wages were Rs. 2,000/- and his age at the time of accident was 45 years. Because of non-payment of compensation for the injury, applicant-respondent No. 1 filed an application for payment of compensation before the Assistant Labour Commissioner (Commissioner Workmen's Compansation Act), Doda, who, vide order dated 28-5-2007, allowed the application of applicant-respondent No. 1 and passed the award of Rs. 89,380/- and directed the non-applicant/appellant to deposit the awarded amount within a period of thirty days. The non-applicant-appellant aggrieved of order dated 28-5-2007 passed by the Assistant Labour Commissioner, Doda, filed CIMA No. 123/2007 before this Court on the ground that the Assistant Labour Commissioner, Doda has not appreciated and considered the provisions of Section 4A of the Workmen's Compensation Act, 1923.