UNITED INDIA INSURANCE CO LTD Vs. ANTAR SINGH

JUDGEMENT

(1.) DIRECTED against award dated 30. 1. 2006 of Commissioner, Workmen's compensation, Jammu, this appeal of United India Insurance Co. Ltd. questions the learned Commissioner's finding, on facts, when he accepts Antar Singh, respondent No. 1 's claim of compensation for having suffered injuries during the course of his employment as a cleaner with the respondent No. 2's vehicle bearing the registration No. JK 02-H 2685, besides the award of interest on the compensation amount of Rs. 5,16,672 at the rate of 7. 5 per cent per annum.

(2.) MR. R. P. Jamwal, learned counsel for the appellant, submits that awarding of interest by the Commissioner on the awarded amount was impermissible because the workmen's Compensation Act, 1923, does not vest any jurisdiction in the Commissioner to award interest on the awarded amount and that liability to pay interest would arise only if the awarded amount was not paid within a period of 30 days. He refers to National Insurance Co. Ltd. v. Mubasir Ahmed, 2007 ACJ 845 (SC), to support his submission.

(3.) HIS further submission is that in the absence of any documentary evidence on the record, the oral evidence led by the respondent could not be believed by the commissioner to accept respondent No. 1's plea that he had been working as a cleaner with the truck when while putting tarpaulin over the loaded truck, he fell down and suffered injuries near Tamatar More, Kud.