Judgment on Board

1. Since both the appeals arising out of same judgment passed by the learned Commissioner, Employees Compensation Act and involves similar facts, they are being considered and decided by this common judgment.

2. The appeal under Section 30 of the Employees’ Compensation Act, 1923, i.e., MAC No. 1368/2019 filed by the claimants and MAC No. 1308/2019 filed by the Insurance Company, arise out of the judgment dated 29.03.2019 passed by the Commissioner for Employees’ Compensation (Labour Court), Jagdalpur (C.G.) in Case No. 01/2018/E.C. Act/Fatal. The claimants have preferred the appeal seeking enhancement of compensation along with grant of statutory interest and penalty, whereas the Insurance Company has filed the appeal seeking setting aside of the impugned award.

3. (a) MAC No. 1368/2019 was admitted by this Court on 08.09.2023 on the following substantial question of law:

“Whether the learned Commissioner committed an error of law in awarding conditional interest contrary to the provisions contained in clause (a) of Sub-Section 3 of Section 4-A of the Employee’s Compensation Act, 1923?”

(b) MAC No. 1308/2019 was admitted by this Court on 19.07.2019 on the followi