S.N.BHARGAVA, J. - (1.) THIS is an appeal Under Section 82 of the Employees' State Insurance Act, 1948 (hereinafter referred to as the 'Act'), by Employees' State Insurance Corporation, against the order dated 3.11.1981 passed by the Judge, Employees' State Insurance Court, Jaipur, awarding interest to the claimant Under Section 34 CPC.
(2.) SHRI S.P. Mathur, an employee of Man Prakash Talkies died in a railway accident on 23.11.1977. His wife Sushila Mathur, on her behalf as well as on behalf of her minor son Ajay and daughter Seema, filed an application Under Section 75 of the Act, for obtaining dependant's benefit on account of death of her husband S.P. Mathur and damages to the tune of Rs. 50,000/ - on account of with holding payment of dependent's benefit and not paying the same but raising unnecessary quarries like as to whether she had received any benefit from the railway. The application was contested by the appellant justifying that they were entitled to find out as to whether the claimant had received any benefits from the railways and the appellant had not withdrawn the amount rather the applicant here self delayed the submission of information and also did not submit the claim on the prescribed form, despite several reminders.
(3.) THE learned court below framed the following issues: 1. Whether the opposite party Corporation delayed the decision of the applicant's claim as such it is liable to pay the damages? If so to what extent? 2. Whether the petition for claiming of damages for delayed decision of the claim is maintainable under the provisions of ESI Act in this Court?' The parties did not lead any evidence. After hearing arguments, the learned court below, keeping in mind Section 53 and 61 of the Act, held that the Corporation was bound to pay the dependent's benefits while other sources were entitled to refuse benefits. The court also held that the Corporation unnecessarily wasted time in the correspondence and making quarries. But the trial court found that the Corporation was not liable to pay any damages on account of delay in making payment of dependent's benefits, but relying on the principles of Section 34 CPC, it awarded an amount of Rs. 1400/ - being interest from 25.4.1978 to the date of payment to the applicant. It is against this order that the present appeal has been filed.;