FAO No.116 of 2011 (O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.116 of 2011 (O&M). Decided on: January 20, 2011. The New India Assurance Company Ltd. .. Appellant VERSUS Smt.Dalbir Kaur and others. .. Respondents * * * CORAM: HON'BLE MR.JUSTICE M.M.S.BEDI 1. Whether reporters of local papers may be allowed to see the judgment? 2. Whether to be referred to the Reporter? 3. Whether the judgment should be reported in the Digest? * * * PRESENT Mr.Vandanaa Malhotra, Advocate, for the appellant. M.M.S. BEDI, J. (ORAL) CM No.684-CII-2011 Misc. application is allowed. For the reasons mentioned in the application, delay of 23 days in filing of the appeal is condoned. FAO No.116 of 2011 (O&M) The award of Commissioner, under the Workmen's Compensation Act, 1923, (for short 'The Act), dated 12.10.2010, . . . 1 FAO No.116 of 2011 (O&M) granting compensation of Rs.4,03,320/- along with interest @ 12 per cent per annum w.e.f., 12.10.2004, payable by the appellant Company has been challenged under Section 30 of the Act. Counsel for the appellant has, inter alia, argued that (i) the interest @ 12 per cent per annum has been awarded w.e.f., a period one month from the date of accident whereas according to Section 4A(1) of the Act, the same “falls due” w.e.f., one month after the date of award which in the present case would be 12.10.2010, (ii) the income of the deceased has been wrongly assessed to be Rs.4,000/- per month without there being any sufficient evidence produced by the claimants to prove the income, and (iii) the relationship of the employer and employee has not been established as the employer had opted to evade the proceedings by not putting in appearance. Counsel for the appellant has placed reliance on a judgment of Hon'ble the Apex Court in Palraj Vs. The Divisional Controller, Nekrtc, 2010 (4) RCR (Civil), Page 384, to contend that the interest under Section 4 of the Act cannot be claimed from the date of filing of the application but only after a default is committed in respect of the payment of compensation within 30 days from the date on which the payment becomes due. Reliance has also been placed upon National Insurance Co. Ltd. Vs. Mubasir Ajmed and another, Appeal (Civil) No.5623 of 2006, decided by Hon'ble the Apex Court on 01.02.2007, to contend that the date of adjudication of the claim is . . . 2 FAO No.116 of 2011 (O&M) relevant to determine the date on which the compensation falls due under Section 4-A(1) of the Act. I have heard the counsel for the appellant and considered all the arguments. Hon'ble the Apex Court in Partap Narain Singh Deo Vs. Srinivas Sabata, 1976, ACJ 141 (SC), has held that the interest becomes payable not from the date of order/award of the Commissioner but becomes due on expiry of one month from the date of accident. The said judgment has been followed by this High Court in New India Assurance Company Limited Vs.Manphool Singh and others, 2009 ACJ 458. As per Section 30 of the Act, the appeal shall lie under Section 30 of the Act, only if substantial question of law is involved in the appeal. No substantial question of appeal appears to arise in the appeal, as such the appeal is dismissed. Counsel for the appellant has submitted that the relationship of employer and employee has to be determined on the basis of evidence and that there is no evidence produced on the record regarding the employment of the deceased with the employer. I have considered the said contention. The finding of the Commissioner that there was relationship between respondent No.5 and the deceased as employer and employee which has been proved by the heirs of the deceased but it does not appear to be a substantial question of law warranting interference in the appeal. The . . . 3 FAO No.116 of 2011 (O&M) Commissioner on appreciation of evidence has arrived at a finding of fact regarding the relationship. Dismissed. (M.M.S.BEDI) JUDGE January 20, 2011. rka . . . 4