SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

1990 Supreme(MP) 317

R.C.LAHOTI
Krishna Bai Wd/O Mohanlal – Appellant
Versus
Krishanlal S/O. Nandlal – Respondent


ORDER

R.C. Lahoti, J.

1. This is an appeal under Section 30(1)(aa) of the Workmen's Compensation Act, 1923 preferred by the claimants aggrieved by an award whereby compensation has been allowed to the claimants but without interest. The claimants/appellants pray for award of interest at the rate of 12% per annum from the date of the application till realisation.

2. The learned counsel for the insurance company has raised a preliminary objection to the maintainability of the appeal. He submits that Section 30 of the Act contemplates an appeal to the High Court only against the orders specifically provided by Clauses (a) to (e) of Sub-section (1) of Section 30 of the Act. Section 30(1)(aa) contemplates an appeal against an order awarding interest or penalty under Section 4A', but not against an order refusing to award interest or penalty and hence, the present appeal is incompetent.

3. Section 30(1) of the Act reads as under :-

"30. Appeals. - (1) An appeal shall lie to High Court from the following orders of a Commissioner, namely: -

(a) an order awarding as compensation a lump sum whether by way of redemption of a half-monthly payment or otherwise or disallowing a claim in full or in par




















Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top