NIROTI DEVI Vs. BALAJI ROADWAYS

JUDGEMENT

(1.) This appeal has been preferred by the claimants, who are legal heirs and representatives of deceased Vikash Upadhyay @ Vikash Tiwari against the judgment dated 27th November, 2009 passed in C.W.C. No. 12/2006 by the Presiding Officer, Labour Court-cum-Workmen's Compensation Commissioner, Ranchi by which the appellants/claimants have been directed to be paid Rs. 2,60,107 in lieu of the death of Vikash Upadhyay @ Vikash Tiwari. The facts in brief is that the deceased was employed as a cleaner on a Truck bearing registration No. JH-1L/6963. On 2nd September, 2005 on the direction of the driver of the Truck, he went to fetch water from N.T.P.C. Pump House but suddenly due to overflow of water in the canal, drowned into water and died. Since the deceased-Vikash Upadhyay @ Vikash Tiwari died in course of his employment, the claimants, who are parents of the deceased, have filed application before the Workmen's Compensation Commissioner-cum-Presiding Officer, Labour Court, Ranchi vide C.W.C. No. 12 of 2006. At the adjudication, a sum of Rs. 2,60,107 was awarded in favour of the claimants and the Insurance Company-Respondent No. 2 has been directed to satisfy the awarded amount.

(2.) This appeal has been preferred raising grievance that no interest on the compensation amount has been directed to be paid from the date of filing of application rather interest @ 9% has been directed to be paid, if the awarded amount is not paid within thirty (30) days from the date of said order.

(3.) It is contended that as per Sub-section (3) of Section 4A of the Employee's Compensation Act, 1923, the interest on the awarded amount was liable to be paid when the compensation became due against the employer.