^^:""^ HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAM: HON'BLE SHRI RAJEEV GUPTA, C.J. & HON'BLE SHRI RANGNATH CHANDRAKAR, J. Misc. Appeal (0 No. 983 of 2009 ^Zc Appellant Respondents Murlikumar Sahu (minor) s/o Shri Gunit Ram Sahu, aged about 16 years, through natural guardian and father Shri Gunit Ram Sahu s/o Devsingh Sahu, aged about 46 years r/o village & Post Kapasda, via Kumhari, thana Kumhari, tehsil & district Durg C.G. VERSUS Omprakash Goyanka, aged about 50 years, Manager, M/s Sponge Iron Shilpi Steels Shri Vikash Goyanka, aged about 30 years, s/o Shri Omprakash Goyanka, Manager, M/s Sponge Iron Shilpi Steels, both r/o M/s Sponge Iron Silpi Steels Sondongri Khar, thana Amanaka Raipur, Tehsil and district RaipurC.G. Commissioner for Workmen's Compensation (Labour Court) Raipur, district Raipur C.G. Memo ofappeal under Section 30 ofWorkmen's Compensation Act 1923 Present: Shri Satyendra Sahu, counsel for the appellant. Shri Amrito Das, counsel for respondents No.1 & 2. ORDER (14th October, 2011) ^s'"^ /t"""'.^ \ MAC.No. 983 of 2009 1tc The following order of the Court was passed by Rajeev Gupta, C.J. Shri Amrito Das, learned counsel for respondents No.1 and 2 placing reliance on the recent dictum of the Apex Court in the case of Palraj Vs. Divisional Controller, North East Karnataka Road Transport Corporation, reported in (2010) 10 SCC 347 submitted that the Tribunal has erred in directing payment of interest on the awarded amount of compensation from the date of filing of the claim petition which in view of the above quoted dictum of the Apex Court ought to have been awarded from the date of the award and as such the appellant may be directed to refund the excess amount paid by the respondents towards interest. 2) Shri Satyendra Sahu, learned counsel for the appellant, in view of the above submission of learned counsel for respondents No.1 and 2, seeks permission to withdraw the appeal filed by the appellant / claimant for enhancement of the compensation awarded by the Commissioner for Workmen's Compensation/ Labour Court, Raipur vide award dated 15.05.2009, passed in Claim Case No.203/W.C.AcV2005. 2) Permission granted. 3) The appeal, therefore, is dismissed as withdrawn. Certified copy of the order as per rules. ___ - Sd/- Chief Justice Sd/- R.N. Chandrakar Judge subbu