NATIONAL INSURANCE CO LTD Vs. BILKISH

JUDGEMENT

(1.) The appellant/non-claimant No.2 - Insurance Company has filed this appeal under section 30 of the Workmen Compensation Act, 1923 against the judgment and award dated 23.4.2009 passed by the Court of learned Commissioner Workmen Compensation, Jaipur City, Jaipur in Case No.WCCF18/2008 (Smt. Bilkish and Ors. vs. Abdul Gaffar and Anr.).

(2.) Learned counsel for the appellant has argued that though the appeal provided under Section 30 of the Act to the High Court against the order of the Commissioner lie against the specific orders set out in clause (a) to (e) of Section 30 of the Act with a further rider contained in first proviso to the Section that the appeal must involve substantial question of law. But the learned Commissioner has awarded 12% interest per annum from the date of death of the deceased i.e. 12.12.2007 which is contrary to the law laid down by the Hon'ble Apex Court in the matter of NIC vs. Muvasir Ahamad in the year 2007 and NIC vs. Kamla Chaturvedi in the year 2009 wherein the Hon'ble Apex Court held that the interest is payable from the date on its falls due and not from the date from the date of accident. Despite that the learned Commissioner awarded interest @ 12% per annum that too from the date of accident i.e. 10.12.2007. The rate of interest awarded by the learned Commissioner is very excessive and contrary to the directions given by the Hon'ble Apex Court and this Court.

(3.) Learned counsel for the respondent submits that the appeal provided under Section 30 of the Act to the High Court against the order of the Commissioner is not like a Regular First Appeal akin to Section 96 of the Code of Civil Procedure, 1908 which can be heard on both facts and law. The appellate jurisdiction of the High Court to decide the appeal is confined only to examine the substantial questions of law arising in the case. Learned counsel placed reliance on the judgment delivered by Hon'ble Apex Court in Civil Appeal No.7470 of 2009, North East Karnataka Road Transport Corporation vs. Smt. Sujatha decided on 2.11.2018 and argued that the learned Commissioner has awarded 12% interest per annum from the date of death of the deceased i.e. 12.12.2007.