ANTAR SINGH Vs. UNITED INDIA INSURANCE CO. LTD

JUDGEMENT

(1.) Yet again a member of marginalized section of the society is ELAMORING for enforcement of statutory rights conferred upon him by the Workmen's Compensation Act, 1923 (for short Act of 1923) and grant of benefits accruing therefrom. The Appellant was employed by respondent No. 2 as Conductor-cum-Cleaner. He had to discharge the duties and functions of Conductor-cum-Cleaner with truck bearing Registration No. JK02 H-2685. September 18th, 2003 turned out be the unfortunate day in his life when in the course of his employment with respondent No. 2, he suffered multiple fractures and grievous injuries as Conductor-cum-Cleaner of the aforementioned vehicle. He also sustained injuries on his head which resulted in fracture of his temporal bone. The Appellant lapsed into coma due to the injuries and was treated at different hospitals. He is disabled to do the job of Conductor-cum-Cleaner or the rest of his life. At the time of accident, he, as per his claim petition before the Commissioner under the Act of 1923, (Deputy Labour Commissioner Jammu) (for short Commissioner), was 26 years old and his monthly salary was Rs. 4000/-

(2.) He was not paid the compensation, which constrained him to approach the Commissioner. The Commissioner after considering the matter and hearing the parties on 30-01-2006, recorded a finding that the Appellant succeeded in proving his claim and, accordingly, passed an award for an amount of Rs. 5,16,672/- in favour of the Appellant against respondent No. 2. The respondent No. 2 was also held liable to pay simple interest @7.5%. Since the vehicle was insured with respondent No. 1, the Commissioner directed the respondent No. 1 to indemnify respondent No. 2 and further directed respondent No. 1 to deposit the awarded amount along with interest within a period of 30 days from the date of announcement of award.

(3.) Respondent No. 1, feeling aggrieved of the award, challenged the same in CIMA 124/2006. The Appellate Court, while upholding the award passed by the Commissioner to the extent of directing for payment of compensation to the Appellant herein, set aside the award to the extent of grant of interest of 7.5%. It is this order which is called in question in this Letters Patent Appeal (LPA) to the extent of denying interest @7.5% to the Appellant.