SUGRA AND ORS Vs. JAGGU KHAN

JUDGEMENT

(1.) This appeal is directed against the order dated 22.02.1996 passed by the Commissioner under the Employee's Compensation Act, 1923 (for short ' the Act of 1923' hereinafter) in W.C.Case No.36/90 preferred on behalf of the appellants.

(2.) The only ground raised by the appellants in this appeal is that while awarding compensation, the Commissioner vide impugned order dated 22.02.1996, has not awarded any interest or penalty on the due compensation, though it is mandatory as per provisions of section 4A of the Act of 1923.

(3.) Brief facts of the case are that the claimants filed a claim petition under section 22 of the Act of 1923 against the respondent in which it was claimed that deceased Ramzan was in the employment of the respondent and he used to drive his Auto Rickshaw No.RNQ-5266 and was paid salary of Rs.900/- per month. It was claimed that the respondent had called Ramzan on 11.09.1989 at village Lordi and thereafter murdered him at Lordi. It was claimed that at the time of his death, Ramzan was under the employment of respondent and, therefore, the appellants are entitled for the claim to the tune of Rs.77,997.60 along with interest. On the basis of pleadings of the parties, the Commissioner has framed as many as 7 issues and has held that deceased Ramzan was employed with the respondent to run his Auto Rikshaw No.RNQ- 5266. However, the learned Commissioner has held that there is no evidence available on record to suggest that the respondent had committed murder of Ramzan on 11.09.1989 at village Lordi. The learned Commissioner has further held that since at the time of his death, Ramzan was employed by the respondent, the appellant-claimants are entitled for compensation to the tune of Rs.78088/-.