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2010 Supreme(P&H) 2542

RAKESH KUMAR JAIN
Divisional Railway Manager, Northern Railway – Appellant
Versus
Urmila Devi – Respondent


Judgment

Rakesh Kumar Jain, J.

1. CM No.22589-CII of 2010

Application is allowed as prayed for.

FAO No.3012 of 2010 (O&M)

This appeal is directed against order of the Commissioner under Workmens Compensation Act, 1923, Ambala [for short the Commissioner] by which he has allowed interest @ 9% per annum on the amount of 1,92,140 from 17.01.1999 to 16.01.2006, which comes to 1,21,048, to be paid to the applicant (respondent herein) within a period of 30 days from the date of that order, failing which the applicant/respondent is held entitled to further recover interest @ 12% per annum from the date of that order up to the date of payment.

2. In brief, one Bhikhari Yadav, who was working as Gangman with the appellants/Railways, died on 16.12.1998 on account of an accident during the course of his employment. After his death, one Urmila Devi along with her minor son Umesh Kumar, resident of Luxmi Floor Mills, Gurudwara Road, Rajpura Town, District Patiala (Punjab) [hereinafter referred to as Urmila of Punjab] filed a Civil Suit at Ambala in order to claim service benefits of deceased Bikhari Yadav, in which besides impleading the Railways she impleaded Urmila Devi wife of not known, res







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