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Rajasthan High Court · body

2012 DIGILAW 865 (RAJ)

National Insurance Co. Ltd. v. Matruma

2012-04-09

MOHAMMAD RAFIQ

body2012
RAFIQ, J.—The appellant-insurance company has approached this Court aggrieved by the award dated 11.10.2004 passed by the Workmen Compensation Commissioner who has awarded a sum of Rs.3,79,109/- as compensation and additionally directed appellant to deposit the said amount within 30 days along with interest @ 9% per annum. In the event of default in making deposit of the said amount, the appellant was required to pay interest @ 12% per annum on the entire award amount. 2. Ms. Raj Sharma, learned counsel for the appellant has argued that the Workmen Compensation Commissioner has no legal authority to issue such a direction because statutory period for deposit of the compensation as per Section 30 of the Workmen Compensation Act, 1923 itself is 60 days and within 60 days the entire amount was deposited with interest @ 9% per annum. 3. On hearing learned counsel for the appellant and perusing the impugned award and also the provisions of Section 30 of the Workmen Compensation Act, 1923, I find that the appellant-insurance company is justified in so saying because the statutory period within which the deposit has to be made is 60 days and if within this period of 60 days, appellant has deposited the amount, it cannot be saddled with additional liability of paying the interest of Rs.3% over and above 9%, which it has already deposited. 4. The impugned award dated 11.10.2004 is modified to that extent. The appeal is accordingly allowed in part.