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HC dismisses 2 appeals filed by SFC
2/18/2009 10:14:51 PM

Early Times report

Jammu, Feb 18- Dismissing two appeals filed by Divisional Manager State Forest Corporation Bahderwah Division and other by Divisional Manager SFC Extraction Division Doda challenging the awards of Commissioner Workmen's Compensation Act (Assistant Labour Commissioner Doda), Justice J P Singh of Jammu and Kashmir Court
observed that Court is of the view that claimant/workman is entitled to interest from the date of receipt of injury and in that view of the matter, appellants contention that workman would be entitled to interest one month after the date of award, may not be tenable. The only plea raised by the appellants counsel questioning the awards having failed, in view of the law laid down by the Supreme Court. With these observations Court dismissed these appeals.
In the award made on May 28, 2007 ALC Doda awarded an amount of Rs 89, 380 to the claimant which included Rs 47, 020 as interest. In another award of August 29, 2007 ALC had awarded an amount of Rs 1, 59, 838 which included interest Rs 59940. In terms of award May 28, 2007 compensation had been awarded to Mohammed Sultan Parray for receiving injuries in accident during the course of his employment with the appellant while working on Mahan in Khelani Nallah when a wooden sleeper had fallen on knee resulting in his disablement. The other award of August 29, 2007 compensation had been awarded to Ghulam Mohammed for injuring his right leg while working as Mistri at Basti Nallah when a wooden sleeper hit him during the course of his employment with the appellants. The only question canvassed in support of these two appeals by the counsel of appellants Vipin Gandotra and Advocate MP Gupta that Commissioner's award in so far as it allows interest on the compensation amount from the date of the claim petition was bad in law. In support of their plea they referred various judgments of Supreme Court and High Courts including the judgment of J&K High Court JNF.
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