COMPETENT CONSTRUCTION COMPANY Vs. ORIENTAL INSURANCE COMPANY

JUDGEMENT

(1.) Abdu.l Kalam (24), a loader on appellant's truck No.DLG-3809 died when the truck over-turned on 21.5.1985. Respondents 2 to 6 (claimants) filed a claim petition before the Commissioner under the Workmen's Compensation Act who awarded them a compensation of Rs. 87,388.00 vide Award dated 4.8.1986. He also found that Management had failed to deposit the entire amount within prescribed time without any justification and accordingly, awarded penalty of Rs. 25,000.00 and interest of 6% p.a. on the whole amount from dates which are not material for our purposes.

(2.) Insurance Company'felt aggrieved of this and filed FAO 171/86 which was disposed of by first Appellate Court vide a lucid judgment dated 1.3.1989 interpreting relevant Provisions of WCA and also MVA holding that the word, "liability" occurring in Section 95 of MVA only embodied a normal compensation in the context of WCA and did not include special interest and penalty awarded under Section 4-A(3) of WCA. The court accordingly quashed the Commissioner's order and absolved the Insurance Company, (respondent No.2) of its liability to pay penalty and interest for the Insured.

(3.) Appellant, (owner) has filed this appeal to challenge the impugned judgement on the ground that the liability of the Insurance Company should be deemed to include interest, penalty and costs also.