Agra Road Service v. The Commissioner appointed under the Workmen Compensation Act, 1923
2012-03-05
MAHESH BHAGWATI
body2012
DigiLaw.ai
BHAGWATI, J.—Challenge in this appeal is to the order dt. 21.4.2003, whereby the Commissioner, Workmen's Compensation Act, 1923, Jaipur passed an award of Rs. 90,011/- together with interest @ 9% per annum, to be paid with effect from 15.4.1998, in favour of the respondents no. 2 to 7 and against the appellant. 2. The claimants respondents no. 2 to 7 are also found to have filed the cross objections imploring to enhance the amount of compensation as also the rate of interest to be paid thereon. 3. Background facts of the case, in short, are that on 15th March, 1998, the deceased Nand Lal @ Nand Ram @ Nanda was employed on M/s. Agra Road Service Centre. His duty was to fill petrol in the petrol tank of the vehicles coming for the purpose. It is alleged that some dacoits came there and stabbed Nand Ram @ Nanda and Nanda succumbed to fatal blows. 4. At the very out-set, learned counsel for the claimants respondents no. 2 to 7 canvassed that the appeal filed by the appellant M/s. Agra Road Service Centre was not maintainable for the simple reason that the appellant did not deposit the entire amount of compensation, which included the amount of interest also. Learned counsel further canvassed that the appeal in Workmen's Compensation cases does not lie on facts and no substantial question of law has been raised by the appellant in the memo of appeal. On both these grounds, the appeal of the appellant is not maintainable. In addition to these two grounds, learned counsel also canvassed that the Commissioner, Workmen's Compensation Cases allowed only 9% interest, to be paid on the principal amount of compensation, whereas the provisions of Section 4A of the Employees' Compensation Act, 1923 tangibly suggest the interest @ 12% per annum, to be paid on the amount of compensation. The amount of interest may be more, but in any event, it cannot be less than 12% rate of interest. Hence, the appeal deserves to be dismissed and the rate of interest needs to be raised from 9% to 12%, as envisaged by the provisions of Section 4A of the Workmen's Compensation Act, 1923. 5. E Converso, learned counsel appearing for the appellant contended that he formulated substantial question of law, which are clauses N, O and P in the memo of appeal.
5. E Converso, learned counsel appearing for the appellant contended that he formulated substantial question of law, which are clauses N, O and P in the memo of appeal. Learned counsel canvassed that the impugned order passed by the Commissioner is wholly based on the unproved copy of First Information Report lodged with the police. He also contended that the respondents no. 2 to 7 were also not entitled to get the compensation in a case where the employee was being murdered by dacoits. Thirdly, the rate of interest of 9% per annum was highly excessive and it was not required to be paid. 6. The questions formulated by the learned counsel for the appellant are found to be totally irrelevant and vexatious in the facts and circumstances of the case. If the First Information Report was not proved by the claimants, it could have been rebutted by the appellant while recording the statement of the witnesses. Mere fact that one FIR came to be lodged for the particular occurrence with the police station is its proof. The genuineness of the FIR was nowhere questioned by the appellant before the Commissioner, Workmen's Compensation. So far as the facts as narrated in the First Information Report are concerned, they are required to be proved for the purpose of passing an award in the claim cases. The facts are required to be proved in a criminal case pending before a criminal court in accordance with the provisions of law of evidence. Thus, the question 'N' cannot be said to be a substantial question of law from any stretch of imagination. So far as the question of payment of amount of compensation in the case on hand is concerned, the Commissioner Compensation was required to adjudicate only as to whether Nand Lal @ Nand Ram, who was murdered by the dacoits was on duty or not and secondly as to whether he was in the employment of M/s. Agra Road Service Centre or not. This fact has not been disputed by the appellant that the deceased Nand Lal was in the employment of appellant. It is also not disputed that he died on duty. All these facts are totally immaterial for the adjudication of the claim petition as to whether he died natural death or he was murdered by dacoits.
This fact has not been disputed by the appellant that the deceased Nand Lal was in the employment of appellant. It is also not disputed that he died on duty. All these facts are totally immaterial for the adjudication of the claim petition as to whether he died natural death or he was murdered by dacoits. This question formulated by the appellant, also cannot be said to be a substantial question of law. 7. I find sufficient force in the argument put forth by learned counsel for the claimants-respondents that the appeal was not maintainable as no substantial question of law was raised by the appellant in the said memo of appeal and thus, in view of above, the appeal is not found to be maintainable and deserves to be dismissed. 8. The last question to be adjudicated in the instant appeal is as to whether the Commissioner, Workmen's Compensation ought to have allowed interest @ 9% on the amount of award to be paid to the claimants respondents or the Commissioner ought to have directed 12% interest to be paid, as envisaged by the provisions of Section 4A of Workmen Compensation Act, 1923. In the facts and circumstances of the case, following the provisions of Section 4A of the Act, I deem just and proper to raise the rate of interest from 8% to 12% per annum, to be paid on the amount of compensation. 9. For the reasons stated, the appeal filed by the appellant M/s. Agra Road Service Centre fails and the same being bereft of any merit stands dismissed. 10. So far as the cross objections filed to the appeal by the claimants respondents no. 2 to 7 are concerned, they are partly allowed. The claimants respondents are held entitled to claim interest @ 12% instead of 9% from the appellant - M/s. Agra Road Service Centre with effect from 15th April, 1998 till the amount is actually realized. The appellant is directed to deposit the entire amount of compensation together with interest within a period of four weeks from today with the Commissioner, which shall be paid to the claimants respondents immediately. If the amount of compensation has already been deposited, then the appellant shall deposit only the amount of interest. 11. The impugned award dated 21st April, 2003 stands modified as indicated here-in-above. 12.
If the amount of compensation has already been deposited, then the appellant shall deposit only the amount of interest. 11. The impugned award dated 21st April, 2003 stands modified as indicated here-in-above. 12. Both the appeals as also the cross objections are disposed of accordingly. 13. Consequent upon the disposal of appeal, the stay application, filed therewith, does not survive and that also stands disposed of. 14. Record be sent back to the concerned Commissioner immediately.