The court emphasized the jurisdiction of the Commissioner, the provision for interest under Section 4A, and the liability of the employer under Section 3(1) of the Employee's Compensation Act.

JUDGMENT

G.S. Sandhawalia, J. (Oral). -

CMNo.288-CIIof2021

1. The present application is filed for placing on record Annexure A-5, which is the application to deposit the amount of "12,22,320/- before the Commissioner, and also for placing on record Annexure A-6, which is the application for not disbursing the payment to the claimant(s) till final disposal of the appeal.

2. The application is allowed, subject to all just exceptions.

FAQ No.2989-2020

3. This appeal is directed by the Insurance Company against the award of the Commissioner, Nuh (hereinafter referred to as the "Commissioner") under the Employee's Compensation Act, 1923, whereby a sum of "8,16,640/- has been awarded along with interest @ 12% perannum from the date of the incident to the claimants who are the widow, parents and child of the deceased Subhash Singh. The amount has been awarded on account of the fact that the deceased, who was a driver on Vehicle No.UP16-W-0077 of respondent no.5, had been killed by some unknown person by a gun-shot injury of a pistol while coming from Delhi to Mathura at about 10.00 pm on 24.07.2016. It was the case of the claimants that when the deceased reached near Akhbarpur Chowk in the area of Police Station Chhata, District Mathura while coming from Delhi to Mathura, the said incident had occurred. Resultantly, the Commissioner found that there was relationship of employer-employee between the deceased and respondent no.5 and he had died during the course of his employment, while placing reliance on the FIR Ex.A-1 and the paper cutting Ex.R-2. It was noticed by the Commissioner that the vehicle of respondent no.5 was insured with the appellant as per insurance policy Ex.A-4, which was valid from 15.02.2016 to 14.02.2017 and, thus, it covered the date of the incident, i.e. 24.07.2016. The driving license Ex.A-5 was relied upon to verify the age of the deceased to be 33 years at the time of incident and the wages of the deceased claimed to be "15,000/- per month was not accepted on account of lack of evidence. However, his wages were assessed @ "8,000/-per month. Resultantly, the amount of "8,06,640/- was awarded as compensation along with funeral expenses of "5,000/- and other expenses of "5,000/-. The show cause notice was also issued to respondent no.5, who had been proceeded against ex-parte, for not depositing the compensation within one month.

4. Counsel for the appellant has vehemently argued that the incident took place in District Mathura, Uttar Pradesh, therefore, the Commissioner at Nuh would have no jurisdiction to award the compensation. The said argument is to be noticed and liable to be rejected at the very outset. The Act is a beneficial piece of legislation. Section 21 of the Employee's Compensation Act, 1923 (hereinafter referred to as the "Act") provides the venue of proceeding and transfer. The relevant part of Section 21(1) of the Act is reproduced here-as-under for the ready reference:-

"21. Venue of proceedings and transfer - (1) Where any matter under this Act is to be done by or before a Commissioner, the same shall, subject to the provisions of the Act and to any rules made hereunder, be done by or before the Commissioner for the area in which

(a) the accident took place which resulted in the injury; or

(b) the employee or in case of his death, the dependent claiming the compensation ordinarily resides; or

(c) the employer has his registered office: Provided that no matter shall be processed before or by a Commissioner, other than the Commissioner having jurisdiction over the area in which the accident took place, without his giving notice in the manner prescribed by the Central Government to the Commissioner having jurisdiction over the area and the State Government concerned:

xxx xxx xxx xxx"

5. Sub-clauses (b) & (c) of Section 21(1) of the Act further provides that the Commissioner shall have the jurisdiction for the area in which the employee or in case of his death, the dependent claiming the compensation ord