UNITED INDIA INSURANCE CO Vs. RAVINDER KUMAR

JUDGEMENT

(1.) THIS batch of four appeals (L. P. As. No. 17/1592, 15/1992, 16/1992 and 18/1992) are common in nature, therefore, proposed to be decided by common judgment.

(2.) BRIEFLY stated, the claimants were employees of M/s. Kashmir Vanaspati Ltd. , Bari Brahmana, Jammu. During the course of employment they met with an accident when Oxygen gas cylinder bursted in the factory premises. The claimants in all these cases sustained personal injuries. Consequently, they moved the Commissioner under the Workmen's Compensation Act, 1923, for compensation, penalty and interest. Different amounts of compensation were awarded to these claimants by the Commissioner alongwith interest at the rate of 6 per cent per annum and penalty at the rate of 25 per cent of the awarded amount. Aggrieved by this order, the appellant United India Insurance Company came in appeal before this Court, However, the appeal has been dismissed on two grounds, namely, (i) that it was time barred; and (ii) that no substantial question of law was involved which was necessary for filing the appeal against the order of the Commissioner under Section 30 of the Act

(3.) AGAIN, this order of the learned single Judge has been challenged through these appeals. Shri Vishnu Gupta, learned Counsel for the appellant submits that the order of learned single Judge is untenable for the reasons that the finding on the question of I imitation is wrong and that the appeal should have been entertained since important question of law was involved for determination in this case as there could be no award of interest and penalty against the appellant. With this background the approach of the learned single Judge (ought not) to have been so strict while dealing with the question of limitation involved in the case.