NAHAR MAL Vs. DUDA RAM

JUDGEMENT

(1.) THE present appeal filed under Section 30 of the Workmen's Compensation Act, 1923 (hereinafter referred to as 'the said Act') is directed against the award dated 25/09/2003 passed by the Commissioner, Workman Compensation, Sikar in Claim Case No. WCA/F/21/2001, in so far as the Commissioner has not awarded the penalty and the interest amount as per Section 4A of the said Act. It has been sought to be submitted by the learned counsel Mr. Amit Singh Shekhawat for the appellant that the Commissioner had committed an error in not awarding the interest @ 12% per annum, and also in not awarding the penalty as contemplated under Section 4A of the said Act, though the respondent No. 2/owner had failed to make the payment of the amount due under the said Act. The counsel has relied upon the judgment of this Court in case of Ganga Devi & Ors. vs. M/s. O.S. Motors Limited & Anr., : (2008) 1 RLW 560 in support of his submissions that the provisions under Section 4A are mandatory in nature.

(2.) HOWEVER , the learned counsel Ms. Archana Mantri, for the respondent -Insurance Company submitted that the claim petition was filed by the appellant -claimant after a gross delay inasmuch as though the alleged accident had taken place on 25th September, 1992, the claim petition was filed somewhere in 2001. Placing reliance on the decision of this Court in case of Oriental Insurance Co. Ltd. (The) vs. Deviram & Ors., : MACD 2012 (3) 1268, she submitted that the owner or insurer was not liable to pay the interest for the fault of the claimant himself.