- (1.) HEARD counsel for the parties.
(2.) THE petitioner in this writ application has challenged the order dated 25.09.2004 (Annexure -6) passed in W.C.C.C. No. 1/2000 -2001 by the District Certificate Officer, Hazaribagh (Respondent No. 2) referred to in this application as "Certificate Court", whereby the petitioner insurance company has been directed to pay a sum of Rs. 85,505/ -, being the interest on the amount of compensation payable to the claimant namely the Respondent No. 3. Facts of the case in brief are as follows : - (i) The respondent No. 3 had filed an application before the Commissioner, Workman Compensation, Hazaribagh claiming compensation for the premature death of her husband who was employed as a Khalasi in the truck belonging to the Respondent Nos. 4 and 5. Such death having occurred in course of his employment when the truck met with a road accident. (ii) After registering a case, the Commissioner, Workman Compensation, issued notices to the owners of the vehicle namely the employers/Respondent Nos. 4 and 5 and the Insurance Company, directing them to appear and submit their written statements. (iii) The employers did not appear in the proceeding before the Commissioner. The petitioner Insurance Company however appeared before the Commissioner and submitted its written statement denying its liability to pay compensation on the ground that no evidence to the effect that deceased was under the employment of the Respondent Nos. 4 and 5 was brought on record and that the factum of employment has not been admitted by the owners of the vehicle. (iv) On the basis of the materials available on record, the Commissioner allowed the claim of the applicant/Respondent No. 3 in terms of his order dated 01.02.2000 passed in W.C. Case No. 41 of 1998. (v) The amount of compensation assessed at Rs. 2,26,380/ - was ordered to be paid by the Respondent Nos. 4 and 5 and if the awarded amount was not paid within 30 days from the date of award, then the amount was to carry interest @ 12% per annum. (vi) Upon receipt of notice from the Certificate Court, the Respondent Nos. 4 and 5 appeared before the Commissioner and filed an application for modification of its earlier order. (vii) Upon being satisfied that the deceased husband of the applicant was employed under the Respondent Nos. 4 and 5 as a Khalasi of the vehicle belonging to the employers, and on being satisfied that the vehicle was covered under the Policy of Insurance under the petitioner Insurance Company, the Commissioner modified its earlier order to the extent that the amount of compensation awarded, should be paid by the petitioner Insurance Company. (viii) Pursuant to the modification made in the order, a requisition was accordingly forwarded to the Certificate Officer and on the basis of the requisition, a notice was issued to the petitioner to pay the awarded compensation amount. (ix) Upon receipt of the notice, the petitioner promptly paid the compensation amount of Rs. 2,26,380/ -.
(3.) THE grievance of the petitioner is that even after the petitioner had paid the demanded compensation amount of Rs. 2,26,380/ -, yet, by the subsequent impugned order, the Certificate Officer has made a demand calling upon the petitioner to pay a further sum of Rs. 85,505/ - claiming the same to be the interest on the amount of compensation payable to the claimant/Respondent No. 3.;