BANSI LAL BHAT
New India Assurance Co. Ltd. – Appellant
Versus
Lal Dei – Respondent
Bansi Lal Bhat, J.
This appeal is directed against the award dated 31st January, 2012 passed by the Commissioner, under Employee's Compensation Act, 1923 (Assistant Labour Commissioner Jammu for brevity 'Commissioner') in case titled Smt. Lal Dei and ors v. Kirtan Singh and anr., in terms whereof an amount of Rs. 439900/- was awarded as compensation in favour of the claimants-2 respondents for brevity 'claimants'). The Commissioner also awarded interest of Rs. 94578/-. The award was directed to be satisfied by respondent no. 2 Insurer as the offending vehicle was insured with it and the policy was effective at the time of accident. The impugned award has been assailed to the extent of directing of payment of interest by the appellant-insurer.
2. Heard rival sides and perused the record.
3. It is not in dispute that the deceased Davinder Singh was working as Cleaner with Tata Vehicle No. JK02F/2787 owned by respondent no. 1 who was an 'employee' as defined under the Employee's Compensation Act, 1923. It is also not disputed that the deceased met with an accident arising out of and during the course of his employment with respondent no. 1. Finding by the Commissioner that the
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