ORIENTAL INSURANCE COMPANY LTD. Vs. KULWANT KOUR
HIGH COURT OF JAMMU AND KASHMIR
ORIENTAL INSURANCE COMPANY LTD.
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Sanjeev Kumar -
(1.)This is an appeal under Section 30 of Employees' Compensation Act, 1923 (hereinafter referred to as the 'Act') filed by the Oriental Insurance Company Ltd. ['insurer'] to assail the award dated 15.12.2008 passed by the Commissioner, Employees' Compensation Act (ALC), Jammu (hereinafter referred to as the 'Commissioner') in file No. 31-WC Act/2006 titled 'Kulwant Kour and others vs. Ram Singh and others, whereby respondent Nos. 1 to 3 ['claimants'] have been held entitled to a compensation of Rs.4,04,160/- alongwith interest @ 12% per annum, to be calculated w.e.f 30.03.2006 i.e date of death of the deceased till passing of the award.
(2.)The impugned award has been challenged primarily on the ground that the Commissioner is not competent to award interest on the awarded amount under Section 4-A (3)(a) of the Act and that the award impugned passed by the Commissioner is perverse and in violation of the settled law.
(3.)This appeal was admitted to hearing by this Court vide order dated 24 th July, 2013 on the following substantial questions of law:
(i) Whether the Commissioner, Workmen's Compensation Act, 1923 is competent to award interest against the appellant company under Section 4-A(3)(a) of the Workmen's Compensation Act, while passing the award ?
(ii) Whether the award impugned passed by the Commissioner Workmen's Compensation Act is perverse in the eyes of law and has been passed in violation of law laid down by the Apex Court ?
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