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2005 DIGILAW 147 (UTT)

Uma Devi v. New India Assurance Company Limited

2005-05-05

B.S.VERMA, P.C.VERMA

body2005
JUDGMENT 1. This appeal has been preferred under Section 30 of the Workmen's Compensation Act. 1923. against the judgment and award dated 10-11-2004, passed by the Workmen's Compensation Commissioner Chamoli, in W.C. Case No. 08 of 2002-03. between Smt. Uma Devi and the New India Assurance Company Ltd. and another, whereby the learned Commissioner partly allowed the claim petition of the claimant-appellant and awarded compensation to the tune of Rs. 2,16,000/- only with future interest @ 9% per annum and rejected the claim for the rest amount as claimed. Aggrieved, the claimant has come up in appeal. 2. In the course of argument, the learned counsel for the appellant confined his prayer only to the contention that the learned Commissioner committed an error of law by not considering the certified copy of the Parivar Register filed by the claimant-appellant to prove the age of her husband and as against this the learned Commissioner determined the age of the deceased as mentioned in the Post Mortem Report for computing the compensation. It was also submitted that apart from the extract of family register, the driving licence of the deceased husband was filed before the court below and in both the documents. i.e. Parivar Register as well as Driving Licence, the date of birth of her husband is mentioned 1.6.1965, which comes to 38 years. The second contention of the appellant is that the learned Commissioner has not awarded pendent lite interest as envisaged by Section 4-A(3) of the Act. The accident took place on 13-5-2003, in which the husband of the appellant died on the spot and as per provisions of law, the claimant is entitled to the interest w.e.f. 12.6.2003 to 10.11.2004. 3. The counsel for the respondent No. 1. Sri T.A. Khan argued that the Insurance Company is not liable to pay the interest. The penalty and interest are to be paid by the employer. 4. We have perused the documentary as, well as oral evidence on record. 5. The learned Commissioner has relied upon the Post Mortem Report only and assumed the age of the deceased 45 years on the;, basis thereof Learned counsel for the appellant submitted that the deceased was brought to the hospital by the police and not by the family members of the deceased. 5. The learned Commissioner has relied upon the Post Mortem Report only and assumed the age of the deceased 45 years on the;, basis thereof Learned counsel for the appellant submitted that the deceased was brought to the hospital by the police and not by the family members of the deceased. The age was written in the Post Mortem Report based on the police information and the age mentioned in the extract of Family Register and in the Driving Licence on the basis of the information given by the deceased himself as well as his family members. In such a case the documents-Parivar Register and the driving licence arc more reliable in the peculiar circumstances of the case. Hence the finding of the learned Commissioner is erroneous. We hold that the age of the deceased was 38 years instead of 45 years at the time of his death. 6. Now, the question is as to what would be the amount of compensation taking the age of the deceased to be 38 years. In view of Section 4 of the Workmen's Compensation Act, 1923, in the case of death the amount of compensation shall be equal to fifty per cent of monthly wages of the deceased workman multiplied by the relevant factor or an amount of fifty thousand rupees, whichever is more In the instant case the monthly wages of the deceased determined by the learned Commissioner arc Rs. 2,550/-.Fifty per cent thereof comes to Rs. 1,275/-. The relevant factor as provided under the Act in respect of deceased is 189.56. Thus the amount of compensation comes to Rs. 1275/- x 189.56 = Rs. 2.41.689/-. The claimant appellant is entitled to compensation of Rs. 2.41.689. 7. So far as the contention regarding award of interest to the appellant is concerned, it was argued on behalf of the insurance company that the insurer is not liable to pay interest. The Workmen Compensation Commissioner awarded interest to the claimant with the condition that in case the payment of compensation is not made by the insurance company within one month from the date of order, the claimant will be entitled for interest @ 9% per annum from the date of order. The learned Counsel for the claimant-appellant has argued that the delay is deliberate on the part of the employer as well as insurance company in making payment of compensation. The learned Counsel for the claimant-appellant has argued that the delay is deliberate on the part of the employer as well as insurance company in making payment of compensation. therefore the claimant-appellant is entitled to the interest from the date of application. 8. The Apex Court in the case of Ved Prakash Garg Vs. Premi Devi and others [JT, 1998 (8) Supreme Court. 229] regarding liability of insured has held that payment of interest under Section 4A(3)(a) of the Workmen's Compensation Act, 1923 is part of statutory liability which is legally liable to be discharged by the insured employer under compensation Act and the compensation along with interest is to be made good by the insurance company jointly with the insured employer. In view of the law laid down by the Apex Court we are of the view that the Insurance Company shall be liable to pay the interest under Section 4A( 3) of the Act. In the circumstances of the case, the ends of justice will be served to direct the Insurance Company to pay the interest @'8% per annum from the date of application till the date of impugned judgment and award. 9. Accordingly, the claimant is entitled to the interest @ 8% per annum from the date of application on the compensation amount of Rs. 2,41,689/- to 10.11.2004. 10. The appeal is allowed. The judgment and award dated 10.11.2004 is modified. The claimant-appellant is entitled to get compensation of Rs.2,4 1.689/- instead of Rs. 2.16.036/- along with interest @ 8% per annum from the date of application to 10-11-2004. No order as to costs.