B. Bhattacharya and P. Mandal, JJ. - (1.) SINCE the employer appeared in the proceeding before the learned Commissioner, but ultimately, did not contest, in exercise of our power conferred under Order 41, rule 14 of the Code of Civil Procedure, we dispense with the service of notice of appeal upon the employer.
(2.) INSTEAD of disposal of the application for stay, we propose to hear out the appeal itself by treating it as on day's list as a pure question of law arises for determination in this appeal. This appeal is at the instance of the insurance company and is directed against an award dated 18.4.2008 passed by the learned Commissioner, Workmen's Compensation, Third Court, West Bengal in Claim Case No. 80 of 2001 thereby awarding a sum of Rs.2,29,635 as compensation for the death of the workman by directing the insurance company to pay the said amount within 60 days from the date of passing of such award with the condition that in default of deposit of such amount within the said period, the award would carry simple interest at the rate of 12 per cent per annum from the date of accident till the date of realization. Being dissatisfied, the insurance company has come up with the present appeal.
(3.) AT the same time, the claimants/respondents have also filed a cross-objection, being COT No. 52 of 2009, in which the claimants have prayed for grant of interest in terms of section 4-A of the Workmen's Compensation Act, even if the insurance company deposited the amount within 60 days from the date of the award. Since the original cross-objection is not on record, the copy of the same filed today by Mr. Mandal be treated as original, so long the original is not found out. It is needless to mention that the copy of cross-objection has already been served upon Mr. Singh, the learned advocate appearing on behalf of the appellant. Mr. R. Singh, the learned advocate appearing on behalf of the appellant, has made twofold submissions in support of this appeal.;