Smt Majusha Devi vs Sri Pankaj Gupta And Another
2021 Latest Caselaw 2968 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 1
 

 
Case :- FIRST APPEAL FROM ORDER No. - 1702 of 2020
 

 
Appellant :- Smt Majusha Devi
 
Respondent :- Sri Pankaj Gupta And Another
 
Counsel for Appellant :- Krishna Chandra Pandey,Keshawa Prasad Pandey
 

 
Hon'ble Vivek Agarwal,J.

1. Heard Sri Krishna Chandra Pandey, learned counsel for the appellant and Sri Arvind Kumar, learned counsel for the respondent no.2-New India Assurance Company Ltd on advance notice.

2. This appeal has been filed by the claimants being aggrieved of the award dated 08.09.2020 passed by learned Commissioner under the Employees Compensation Act and Deputy Labour Commissioner, Uttar Pradesh, Prayagraj in Case No.W.C.-44 of 2011 on a singular ground that statutory rate of interest 12% is to be awarded from the date, after lapse of 30 days from the date of incident, but Tribunal has arbitrarily awarded interest from a date of declaration of civil death. Identical issue has been decided in a similar petition bearing F.A.F.O. No.1708 of 2020 decided on 18.01.2021 and this case is squarely covered with the judgment of this Court in F.A.F.O. No.1708 of 2020.

3. Appeal is allowed to this extent and it is directed that interest @ 12% will be payable from the date of expiry of 30 days from the date of lodging of the claim, when deceased was reported to be missing.

4. In above terms, award is modified to the extent indicated above and appeal is disposed off.

Order Date :- 23.2.2021

Ashutosh