Summary
The Supreme Court upheld the compensation award for a driver’s death but corrected interest in the widow’s favour. No substantial question of law justified disturbing the supported factual findings under Section 30. Compensation became due on the accident, not adjudication. The Rs.3,79,120 award was therefore directed to carry 12% annual interest from 6 April 1999, replacing the Commissioner’s conditional post-order interest direction despite the claimant not having appealed.
Issues
- Whether the employer’s challenge raised a substantial question of law under Section 30.
- From what date interest was payable on the compensation award.
- Whether the erroneous interest direction could be corrected without a claimant’s appeal.
Provisions considered
- Section 30, substantial-question-of-law requirement, Workmen’s Compensation Act, 1923The statutory appeal was confined to substantial questions of law rather than a rehearing of supported factual findings. No such question arose on the material compensation findings here. (¶¶ 9, 10, 11, 12, 15, 16, 17)
- Section 4-A, Workmen’s Compensation Act, 1923Following the controlling larger-Bench authorities, compensation fell due on the accident rather than adjudication. The Court ordered 12% annual interest from the accident date in this case. (¶¶ 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30)
Held
- Material findings on the employment, incident and compensation were factual and supported by evidence. The statutory appeal did not permit a regular first-appeal reassessment; the concurrent findings warranted no interference. (¶¶ 9, 10, 11, 12, 15, 16, 17)
- The controlling larger-Bench decisions fixed liability when injury occurred in the employment accident, rather than when the Commissioner adjudicated. Contrary later smaller-Bench decisions that overlooked those authorities did not govern. (¶¶ 20, 21, 22, 23, 24, 25)
- The Commissioner wrongly made interest conditional on failure to deposit within forty-five days of the award. Although the claimant had not appealed, the Court corrected that pure legal error to do substantial justice. (¶¶ 26, 27, 28, 29)
- Rs.3,79,120 was directed to carry 12% annual interest from 6 April 1999. The Commissioner was to notify the parties, calculate the total payable and enable deposit within one month for verified payment; the Registry was to transmit the order within one week. (¶¶ 30, 31, 32, 33, 34)
Result
Appeal disposed of with modification in the claimant’s favour: compensation of Rs.3,79,120 to carry 12% annual interest from 6 April 1999. Commissioner to calculate the total after notice and secure deposit within one month for payment after verification.