CHANDI DAN CHARAN Vs. JITENDRA SINGH PARIHAR

JUDGEMENT

(1.) These appeals are directed against the order dated 20.09.2012 passed by the Commissioner, Employee's Compensation, Jodhpur ('the Commissioner'), whereby the Commissioner has awarded compensation to the tune of Rs. 4,61,136/- along with interest @ 12% per annum from the date of filing of application i.e. 07.09.2010 and has imposed penalty to the tune of Rs. 10,000/- on the employer. The Insurance Company has been directed to make payment of the amount of compensation and interest.

(2.) While the claimant is aggrieved against the award of interest from the date of application, as it is claimed that the same should have been awarded from the date of accident, the Insurance Company is aggrieved against the award on the ground that the injury to claimant did not arise out of and during the course of his employment and the quantum of compensation as it is submitted that the claimant suffered 30% disablement only, however, the Commissioner has taken the disablement at 100% and has awarded compensation.

(3.) Initially, the application for compensation was filed by the claimant-Chandi Dan Charan before the Motor Accident Claims Tribunal, Jodhpur ('the Tribunal') seeking compensation for the injuries/permanent disablement suffered by him.