JUDGMENT :

1. Leave granted.

2. By filing this appeal, the Appellant has challenged the legality of judgment dated 12.9.2007 rendered by the learned single Judge of the High Court of Uttarakhand at Nainital in appeal against Award No. 744 of 2001 by which the award made under the provisions of the Workmen's Compensation Act, 1923 in favour of the Respondent for a sum of Rs. 1.43,796 with 6 per cent interest thereon from the date of the accident is confirmed.

3. The Respondent was employed as a driver with the Appellant. He sustained personal injury on 8.1.1995 arising out of and in the course of his employment with the Appellant. Therefore, he filed W.C.A. No. 36 of 2000 before the Workmen's Compensation Commissioner and Regional Deputy Labour Commissioner, Kumaon Region, Haldwani, District Nainital for getting compensation under the provisions of Workmen's Compensation Act, 1923. The same was allowed by award dated 31.3.2001. The operative part of the award reads as under:

Since the Respondents were aware of the injuries received by Satnam Singh and about the said accident but they did not make payment of the compensation to the claimant within time, although the contention of the Res