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FA/4507/1998 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
FIRST
APPEAL No. 4507 of 1998
=========================================================
GUJARAT
FISHERIES CENTRAL COOP.ASSOCIATION LTD. - Appellant(s)
Versus
J
GOPALA PILLAI & 1 - Defendant(s)
=========================================================
Appearance
:
MRS
VD NANAVATI for
Appellant(s) : 1,
MR RC PATHAK for Defendant(s) : 1 -
2.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE KS JHAVERI
Date
: 16/09/2008
ORAL
ORDER
By
way of this appeal, the original opponent no.1 has challenged the
award passed by the Workmen Compensation Commissioner, Navsari in
Workmen Compensation Case (Fatal) No.4 of 1997 whereby the case of
the applicant was allowed and the Workmen Compensation Authority has
awarded the compensation of Rs.87,388/- with 12% interest.
The
facts of the case are that original applicants are parents of the
deceased Shri Rejikumar Pillai who was working with the opponent
no.1. On 8/7/1993 he was died during the course of employment when
he was working at Vanasi project because of fall of wall of project
due to heavy wind and rain. He died on the spot. Applicants were
dependents of deceased Rejikumar Pillai. Therefore, they have filed
the Workmen Compensation Case and the Workmen’s Compensation
Authority has allowed the case and awarded compensation as stated
above.
It
is contended by the learned advocate for the appellant that the
authority has committed an error in awarding penalty as well as
interest. He has also contended that in view of the provisions of
Section 4-A, the accident is prior to date of amendment. Therefore,
the applicant is entitled for 6% interest and the authority has
wrongly awarded 12% interest. It is further contended that the
authority has committed error in awarding 15% penalty.
Learned
advocate Mr.R.C.Pathak has filed a note and he is not appearing in
the matter. Therefore, the matter is taken up for hearing.
Heard
learned advocate Mr.Mehta for the appellant. The fact of the
accident during the course of employment is established before the
Authority.
However,
the contention regarding interest is required to be accepted since
the amendment is dated 15/9/1995. The applicants ought to have been
granted only 6% interest and in that view of the matter, the said
contention is required to be accepted.
However,
compensation regarding penalty, learned counsel for the appellant was
not in a position to satisfy as to why payment was not made within
stipulated time and the payment was made only after the authority has
passed order. Therefore, the order with regard to penalty is
justified.
In
the premises, the appeal is partly allowed. It is held that the
original claimant is entitled to interest at the rate of 6%.
Interest at the rate of 6% on the amount of Rs.87,388/- will be paid
to the appellant by the authority. The award of the authority is
modified accordingly. No order as to costs.
(K.S.JHAVERI,
J.)
(ila)
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