Lakshi Ghosh v. Nirman Carrying Co. & ANR.

17.11.2022 Ct. No.237 pg.

IN THE HIGH COURT AT CALCUTTA

CIVIL APPELLATE JURICTION APPELLATE SIDE FMA 1101 of 2012 with IA No. CAN 2 of 2013 (CAN 10281 of 2013) (Application not in the file) Lakshi Ghosh Vs.

Nirman Carrying Co. & Anr.

Mr. Subrata Bhattacharjya ... For the appellant/claimant Mr. Rajesh Singh ... For the respondent no.2/Insurance Co.

This appeal is directed against the judgment and order passed on 2nd November, 2006 and dealt with by the Commissioner, Workmen's Compensation, Durgapur, District - Burdwan in Claim Case No.58 of 2003 by passing an award of Rs.83,192/- in favour of the claimant/petitioner without any interest.

Learned advocate on behalf of the appellant/ claimant submits that the learned Commissioner, Workmen's Compensation, did not allow any interest on the awarded amount of Rs.83,192/-.

However, this appeal has been filed only with a prayer for interest on the principal amount of Rs.83,192/-. Learned advocate appearing on behalf of the National Insurance Company Limited conceded the prayer.

Thus, the respondent no.2/National Insurance Company Limited is directed to deposit interest @ 6% per annum on the principal sum of Rs.83,192/- from the date of filing of the claim petition till the actual deposit of the amount before the office of the learned Registrar General of this Court, within six weeks from the date of this order. The appellant/claimant will be entitled to withdraw the amount towards interest.

The learned Registrar General will disburse the amount towards interest to the appellant/claimant on proper identification.

With the above observation, the appeal, being FMA 1101 of 2012, stands disposed of.

All pending applications, if there be any, also stand disposed of.

Records of the learned Tribunal along with a copy of this order be transmitted back immediately. Urgent photostat certified copy of this order, if applied for, be given to the parties, upon compliance of necessary formalities.

(Bibhas Ranjan De, J.)