- (1.) It is submitted by learned Counsel for the appellant that as per the provisions contained in sub-section (3) of Section 4-A of the Workmen's Compensation Act, 1923, interest is to be awarded in case there is default in paying the compensation due within one month from "the date it fell due". The words "the date it fell due", the submission proceeds, have been interpreted as meaning the date on which the amount of compensation is quantified as a result of adjudication by the Workmen's Compensation Commissioner, i.e., the date of the order passed by the Workmen's Compensation Commissioner. In the present case, the Workmen's Compensation Commissioner has awarded interest with effect from the date of the accident in question which is contrary to the provisions of sub-section (3) of Section 4-A of the Workmen's Compensation Act, 1923. learned Counsel for the appellant has placed reliance on a decision of the Supreme Court in Kamla Chaturvedi v. National Insurance Company & Others, 2009 1 TAC 1
(2.) Having considered the submissions made by learned Counsel for the appellant, we are prima-facie satisfied that the following Substantial Questions of Law is involved in the present Appeal: Whether on the facts and in the circumstances of the case, and keeping in view the provisions of sub-section (3) of Section 4A of the Workmen's Compensation Act, 1923, the Workmen's Compensation Commissioner was justified in law in awarding interest with effect from the date of the accident in question?
(3.) Admit. Issue notice. Notice will be issued to the respondents by Registered Post A.D. fixing the next date fixed in the matter. Order on Stay Application Issue notice. Notice will be issued to the respondents by Registered Post A.D. fixing the next date fixed in the matter. Requisite steps will be taken within three weeks. Heard on the question of grant of interim relief. The amount awarded under the impugned Judgment and Order dated 13th September, 2011 has already been deposited by the appellant as is evident from the Certificate filed with the Memorandum of Appeal.;