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| HC upholds award with modification in interest rate | | | Early Times Reporter
Jammu | Oct 10
Justice Nirmal Singh of J&K High Court, Jammu Wing, in an appeal filed by the factory owner against the award passed by Commissioner under Workman's Compensation Act and awarded Rs 1, 51, 200 along with interest at 6% per annum, upheld the award with the modification to the extent that the claimants shall be entitled to interest at 12 % per annum from the date of application and not from the date of accident.
Justice Singh, after considering the submissions made by the parties and perusing the record, observed that from the entire evidence it has been proved that the deceased died during the course of employment by consuming poisonous substance and the employer is liable to pay compensation. It is not the case of the appellant that the deceased has committed suicide by consuming aluminum phosphate. If the deceased would have committed suicide, then it can be said that said act has not been caused by the accident. The appellant has also failed to explain as to who has administered aluminum phosphate to the deceased nor the appellant has lodged any report in this regard with the police. Even otherwise there is no evidence on record to show that the deceased was administered the said poisonous by someone else. Court is of the considered opinion that the Commissioner under the Act has rightly held the appellant liable for compensation. Even the interest has been awarded @ 6 % whereas the interest under the Act is 12 %, Commissioner under the Act has awarded the interest from the date of accident whereas under the Act, it can be awarded only from the date of application. With these observations Court upheld the award passed by the Commissioner with the modification that the respondent's claimants shall be entitled to interest @ 12 % Per Annum from the date of application not from the date of accident. JNF |
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