- (1.) Leave granted.
(2.) By filing this appeal, the Appellant has challenged the legality of judgment dated 12.9.2007 rendered by the learned single Judge of the High Court of Uttarakhand at Nainital in appeal against Award No. 744 of 2001 by which the award made under the provisions of the Workmen's Compensation Act, 1923 in favour of the Respondent for a sum of Rs. 1.43,796 with 6 per cent interest thereon from the date of the accident is confirmed.
(3.) The Respondent was employed as a driver with the Appellant. He sustained personal injury on 8.1.1995 arising out of and in the course of his employment with the Appellant. Therefore, he filed W.C.A. No. 36 of 2000 before the Workmen's Compensation Commissioner and Regional Deputy Labour Commissioner, Kumaon Region, Haldwani, District Nainital for getting compensation under the provisions of Workmen's Compensation Act, 1923. The same was allowed by award dated 31.3.2001. The operative part of the award reads as under: Since the Respondents were aware of the injuries received by Satnam Singh and about the said accident but they did not make payment of the compensation to the claimant within time, although the contention of the Respondent is that there has not been any loss of working capacity of the claimant nor the employer have made any deduction from his salary even then the claimant was entitled to receive the aforesaid amount of compensation on 8.1.1995. Since even after lapse of six years he has not received the amount of compensation hence he is entitled to receive the interest also from the employer. Therefore the Respondents are directed to deposit a sum of Rs. 1,43,796 (rupees one lakh forty-three thousand seven hundred and ninety-six) along with interest at the rate of 6 per cent to the tune of Rs. 38,836 within a period of one month from the date of judgment. In the event of default of deposit of the said amount within prescribed period along with interest, necessary action for recovery will be made in accordance with law.;