PUSHPA DEVI Vs. RAMESH
LAWS(UTN)-2013-3-71
HIGH COURT OF UTTARAKHAND
Decided on March 18,2013

PUSHPA DEVI Appellant
VERSUS
RAMESH Respondents

JUDGEMENT

B.S.VERMA, J. - (1.) THIS appeal, U/S 30 of Workmen Compensation Act, 1923, has been preferred against the judgment and award dated 10 -7 -2008, passed by Commissioner, Workmen Compensation Uttarkashi in Workmen Compensation Case No.19 of 2006 Smt. Pushpa Devi and others Vs. The Oriental Insurance Company Ltd. and another.
(2.) THIS appeal has been admitted on the following substantial question of law framed in the memo of appeal - 1 - Whether the appellants are also entitled to get 50% of penalty of amount of award according to section 4 -A(3)(b) of the Act by not depositing the amount of award till date, while order of award passed on 10 -7 -2008 and in this regard the respondents in the knowledge of appellant not filed any appeal before this Honble Court against the order dated 10 -7 -2008?, 2 - Whether, the order dated 10 -7 -2008 passed by the Workmens Compensation Commissioner is unjustified for not directing to the respondents to deposit amount of award within one month and in failure the appellant are entitled to get 12% from the date of filing of application before court below?.
(3.) SINCE only controversy involved in this appeal is to the effect that whether the appellants/claimants are entitled to get 12% simple interest on the award money or not, therefore, detailed facts need not be noted in this judgment. By a perusal of impugned award it reveals that the learned Commissioner has awarded a sum of Rs. 3,44,855/ - to the claimants against the Oriental Insurance Company Ltd. and directed the insurance company to deposit the amount at the earliest. No interest has been awarded on the amount of compensation and it has been observed by the learned Commissioner that the amount of compensation is sufficient and the claimants are not entitled to interest from the date of presentation of the claim application.;


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