NEW INDIA ASSURANCE CO. LTD. Vs. KUNTESH
LAWS(UTN)-2012-11-30
HIGH COURT OF UTTARAKHAND (AT: NAINITAL)
Decided on November 08,2012

NEW INDIA ASSURANCE CO. LTD. Appellant
VERSUS
Kuntesh Respondents

JUDGEMENT

- (1.) Urgency Application No.4927 of 2012 is allowed.
(2.) Heard Mr. M.K. Goyal, Advocate for the petitioner and Mr. Raveendra Singh Bisht, Advocate for the respondent no.1.
(3.) This appeal is directed against the judgment and award dated 19.3.2009 passed by Workmen's Compensation Commissioner/Assistant Labour Commissioner in Case No.W.C.A. 22 of 2004, Smt. Kuntesh vs. Sri Deedar Singh & another, whereby the said court has awarded a sum of Rs.3,43,629/- along with interest @ 12%, i.e., Rs.1,92,432/-, in total Rs.5,36,061/- in favour of the respondentclaimant. Following substantial questions are involved in this appeal:- 1) Whether after amendment made in the year 1995 in section 4A(3) of the Workmen's Compensation Act when does the amount fell due under Workmen's compensation Act on the death of workmen in accident during the course of his employment? 2) Whether the interest on the awarded amount for the death of a Workmen in an accident during the course of his employment is payable after the expiry of one month from the date of adjudication or from the date of application?;


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