Miskina v. H. D. F. C. Ergo General Insurance Co. Ltd.
2020-11-26
KAUSHAL JAYENDRA THAKER
body2020
DigiLaw.ai
JUDGMENT : KAUSHAL JAYENDRA THAKER, J. 1. Vakalatnama of Sri. Pawan Kumar Singh is accepted here, which shall form part of the record. 2. Heard learned counsels for the parties and perused the judgment and order impugned. 3. This appeal, at the behest of the claimants, challenges the judgment and award dated 16.3.2020 passed by Commissioner, Employees Compensation Act 1923 and Assistant Labour Commissioner, Muzaffar Nagar in Employees Compensation Case No. ECA-12/2019 in M.A.C.P. No. 505 of 2008 awarding a sum of Rs. 8,47,160/-. 4. Facts about accident having taken place and quantum awarded and liability imposed have attained finality. The appeal is admitted on the question of law as to whether the learned Commissioner has committed an error of law in not granting any interest despite the fact that the appellants herein were held entitled to compensation. 5. The employer and the Insurance Company had not deposited the amount nor it paid the amount within one month from when it felt due. The Tribunal could have exonerated them for penalty but should the Insurance Company and the owner be not made liable for payment of interest on the amount accrued after one month of payment is the question posed to decision for not granting interest. No reasons are assigned is the submission of Sri. Ojha. Section 4A of the Workmen's Compensation Act, 1923, the word shows ‘shall’ and therefore amount awarded shall carry 12% interest as per the statute. 6. The amount be deposited on or before 20th February 2021. 7. The Commissioner is directed to be more vigilant in future and if they feel, interest is not to be granted, they shall record reasons for the same and if they come to the conclusion that amount has been paid on the date of award, the same shall carry interest as per statute. 8. This order be circulated to all the Commissioners in State of Uttar Pradesh. 9. This Court is thankful to both the counsels Sri. Pawan Kumar Singh and Sri. Satya Deo Ojha for assisting this Court.