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Judgment
M.D. Shah, J.—This appeal has been filed by the appellant-Insurance Company being aggrieved and dissatisfied with the judgment and award dated 31-1-2012 passed by the learned Ex-Officio Commissioner for Workmen''s Compensation, Surat, in Workmen Compensation (Fatal) Case No. 52 of 2007 awarding compensation of Rs. 2,32,312/- to the claimant with interest @ 12% per annum from the date of filing of application i.e. 21-2-2006. I have heard learned advocate, Mr. Thomas for the appellant and have also taken into consideration oral as well as documentary evidence.
It is submitted by Mr. Thomas that immediately on receiving the claim form filed by the respondent No. 3, M/s. Shreeji Stone Quarry, the present appellant insurance company has calculated the compensation and deposited an amount of Rs. 1,07,157/- with the Commissioner for Workmen''s Compensation on 1-6-2007. Relying on a judgment of the Hon''ble Supreme Court in the case of U.P.S.R.T.C. now Uttarakhand Transport Corporation Vs. Satnam Singh, it is submitted that the accident took place on 21-9-2006 and workman died on 3-10-2006 and insurance company has deposited the amount of Rs. 1,07,157/- on 1-6-2007 and, therefore, insurance company is not liable to pay interest for the additional amount awarded by Commissioner for Workmen''s Compensation.
This Court has gone through the judgment and award passed by Commissioner for Workmen''s Compensation and oral as well as documentary evidence on record.
As far as quantum is concerned, after discussing the oral as well as documentary evidence, just and adequate compensation has been awarded by Commissioner for Workmen''s Compensation and hence, findings on this aspect is not required to be interfered with.
However, as far as interest part is concerned, it is to be noted that in respect of an accident which took place on 21-9-2006 and in which the workman died on 3-10-2006, insurance company has deposited the amount of Rs. 1,07,157/- on 1-6-2007 and, therefore, from any angle, it could not be said that insurance company is negligent in depositing the amount or it is to avoid liability, insurance company has deposited the amount. Hence, in view of the judgment relied on by Mr. Thomas, insurance company is liable to pay only simple interest @ 6% per annum from the date of application.
In view of the above, this appeal is partly allowed. The impugned award dated 31-1-2012 passed by the learned Ex-Officio Commissioner for Workmen''s Compensation, Surat in Workmen Compensation (Fatal) Case No. 52 of 2007 is modified only to the extent that the appellant shall be liable to pay interest at the rate of 6% from the date of filing of claim application. Rest of the impugned judgment and award stands unaltered. The excess amount, if any, deposited by the insurance company shall be refunded to it. Office shall send back record and proceedings forthwith.