Decided on May 09,2005

Mahindra Giri Appellant
Pati Ram Sahu Respondents


D.R.DESHMUKH,J. - (1.) This appeal under Section 30 of the Workmen's Compensation Act, 1923 (hereinafter refered to as 'the Act') is directed against the order dated 19th June, 1997 passed by the Commissioner under the Workmen's Compensation Act (hereinafter referred to as 'the Commissioner'), Labour Court, Bilaspur awarding a compensation of Rs. 29,633 to the claimant with a further direction that in default of deposit of the aforesaid amount within two months from the date of order, the non-applicant-respondent shall also be liable to penalty of Rs. 5,000 and interest at the rate of 6% per annum on the compensation awarded from the date accident. Quantum of compensation awarded is not under challenge. On 14th November, 2002, the appeal was admitted on the following substantial questions of law: (1) Whether the Commissioner, Workmen's Compensation Act is justified in not imposing penalty under Section 4A, Sub-section Clause (b) in view of the decision in State of M.P and Anr. v. Chitrekha wd/o Shyamji and Ors. 2000 (1) MPLJ 85? (2) Whether under the facts and circumstances of the case, awarding the interest at the rate of 6% that too with conditions, is sustainable and in case the interest is payable then in what rate?
(2.) It is not disputed in this appeal that the claimant/appellant Mahendra Giri while being in the employment of the respondent-non-applicant Patiram Sahu had suffered amputation of the right hand from below the elbow due to an accident arising out of and during the course of employment.
(3.) Heard.;

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