Research › Search › Judgment

Rajasthan High Court · body

2012 DIGILAW 928 (RAJ)

Ram Bharos v. Modu Lal

2012-04-12

MOHAMMAD RAFIQ

body2012
RAFIQ, J.—This appeal seeks to challenge the award of the Commissioner Workmen Compensation, Kota dated 3/4/1999 whereby, compensation of Rs.45,117/- has been awarded in favour of the claimant-workman/respondent to be paid jointly and severally by the appellants/non-applicants. 2. Learned counsel for the appellants has argued that the learned Commissioner Workmen Compensation could not have awarded interest @18% p.a. because at the material time, the prescribed rate of interest was 6% p.a. as per the amended provisions of Section 4A(3) of the Workmen Compensation Act, 1923 (for short, “the Act of 1923”). It is contended that the provisions of the Act of 1923 came into force w.e.f. 15/9/1995, whereas the accident took place on 13/3/1992 therefore provisions of the said Act would apply to the present case. In support of his argument, learned counsel for the appellants/non-applicants have cited the judgment of this Court in Raju and others vs. Pradeep and others : 1992 ACJ 857 in which case, rate of interest that was awarded by the Tribunal was 12%, which was reduced to 6%. 3. None has appeared for the respondent however, it transpired that the appellants deposited the entire amount on 6/4/1999 within sixty days but it appears that this court vide order dated 12/2/2008 while admitting the appeal and issuing notices, directed the Commissioner to disburse the amount to the workman-respondent after taking solvent security. The amendment of Section 4A(3) of the Act of 1923 cannot be retrospectively applied being came into force w.e.f. 15/9/1995, whereas the claim petition itself was filed on 30/6/1992, three years before the date of amendment. 4. In the circumstances, amount of interest 6% would suffice however if the money has been withdrawn by the respondent-workman, he shall not be liable to refund amount of interest to the appellants. Appellants shall deposit the amount of interest and penalty within a period of two months from the date of receipt certified copy of this order. The solvent security so furnished shall also stand discharged. A copy of this order be endorsed to the respondent. With the above, the appeal stands disposed of.