Heera Devi & Ors. .... .... .... ... vs The Branch Manager
2022 Latest Caselaw 5054 Jhar

IN THE HIGH COURT OF JHARKHAND AT RANCHI
                 C.O. No. 07 of 2014
                            ------

Heera Devi & Ors. .... .... .... Cross-Objector Versus The Branch Manager, The New India Assurance Company Limited, West Singhbhum & Anr. .... .... .... Opp. Parties

------

CORAM: HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

------

For the Cross-Objector : Mr. H.K. Mahato, Advocate For the Opp. Party : None

------

Order No.07 Dated- 13.12.2022 Heard the parties.

It is submitted by Mr. H.K. Mahato, the learned counsel for the cross-objector that this cross-objection has been filed in connection with M.A. No.292 of 2009 but as on one turned up on behalf of the appellant in M.A. No.292 of 2009 hence this court has dismissed M.A. No.292 of 2009 for default.

Relying upon the judgment of Hon'ble Supreme Court of India in the case of Hari Shankar Rastogi vs. Sham Manohar & Ors. reported in (2005) 3 SCC 761, it is submitted by the learned counsel for cross-objector that as has been held in their case by the Hon'ble Supreme Court of India that cross-objection can be filed in a second appeal and a cross-objection is to be heard and determined nevertheless the appeal is withdrawn or is dismissed for default.

This appeal will be heard on the following substantial question of law:-'

(i) Whether Commissioner of Workmen Compensation committed a perversity in awarding interest at the rate of 9% per annum contrary to the statutory provision under Section 4 A (3) (a) of the Employees Compensation Act, 1923 which provides for interest at the rate of 12%?

Issue notice to the opposite parties.

The cross-objector is directed to file requisites for service of notice on the opposite parties by registered post with A/D as well as under ordinary process within two weeks failing which; this cross- objection shall stand dismissed without further reference to the Bench.

Rule is made returnable within six weeks. List this cross-objection after receipt of the service report of the notice issued to the opposite parties.

The Lower Court Record which was called for in connection with M.A. No.292 of 2009 be tagged with the case of this cross- objection.

Sonu-Gunjan/- (Anil Kumar Choudhary, J.)