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2006 DIGILAW 661 (CAL)

GURDEB SINGH v. NEW INDIA ASSURANCE CO. LTD.

2006-09-30

P.K.SAMANTA, S.P.TALUKDAR

body2006
P. K. SAMANTA, J. ( 1 ) THIS appeal is by the claimant/appellant for enhancement of the award made by the learned Commissioner, Workmen's compensation Court, West Bengal in Claim case No. 410 of 2002. ( 2 ) THE only point urged on behalf of the claimant/appellant is that the learned commissioner acted illegally by not accepting the evidence of the employer of the victim who was a driver and died while he was employed as such with the owner or the concerned vehicle. ( 3 ) IT appears from the impugned judgment that the employer of the victim deposed that he used to pay Rs. 4,200 per month to his driver. The salary certificate issued by him was not proved according to law. The selfsame owner in an investigation conducted by the Insurance Company deposed by saying that he used to pay to the victim driver at the rate of Rs. 3,000 per month. Since the said employer deposed differently on two different occasions, the learned commissioner for the purpose of doing justice to this case accepted the amount as deposed by the said employer before the investigating Officer of the Insurance company and determined the amount of compensation accordingly. In the facts and circumstances as above and in view of the fact that the employer of the victim failed to prove that he paid at the rate of Rs. 4,200 per month to the victim by way of any cogent evidence, we are of the view that the finding made by the learned commissioner that the salary of the deceased victim was at the rate of Rs. 3,000 per month cannot be assailed in this appeal. Accordingly, we do not find any illegality and/or any irregularity in the impugned judgment and award. The same is therefore cannot be interfered with in this appeal. This appeal accordingly stands dismissed so far as the quantum of amount of compensation has been determined by the learned commissioner. ( 4 ) HOWEVER, the claimant/appellant shall be entitled to an interest on the awarded amount as he was entitled to the same within a period of one month from the date of accident as per the provisions of sub-section 3 of Section 4-A of the Workmen's compensation Act, 1923. ( 4 ) HOWEVER, the claimant/appellant shall be entitled to an interest on the awarded amount as he was entitled to the same within a period of one month from the date of accident as per the provisions of sub-section 3 of Section 4-A of the Workmen's compensation Act, 1923. We therefore direct the respondent/insurance Company to pay interest on the awarded amount at the rate of 6% per annum from 9th October, 2002 as being the date after one month from the date of accident till date on which the aforesaid amount was deposited with the learned commissioner. Such interest amount shall accordingly be deposited by the learned commissioner within a period of eight weeks from date. Upon such deposit the learned Commissioner shall disburse the same to the claimant/appellant upon identification and receipt immediately thereafter. The lower Court records be sent down immediately. This appeal is thus disposed of.