FAO No.6877 of 2010 1 IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH FAO No. 6877 of 2010 (O&M) Date of Decision: 17.05.2011 Smt. Babita Devi and others ...Appellants Versus Superintending Engineer/OP Circle and another ..... Respondents CORAM: Hon'ble Mr. Justice Rajesh Bindal Present: Mr. Yadvinder Pal, Advocate Mr. Vinod S. Bhardwaj, Advocate for the appellants. ..... RAJESH BINDAL, J. Challenge in the present appeal is to the order dated 23.04.2009 passed by the Commissioner under the Employees’ Compensation Act, 1923 (for short, “the Act”), whereby on account of delayed payment of compensation, the Commissioner directed the respondents to deposit the payment of interest. Along with the appeal, an application seeking condonation of delay of 387 days in filing thereof has been filed. The only contention raised by the appellants on merit is that though appropriate amount of compensation has been awarded to the appellants as is due in terms of the provisions of Act, however, still future prospectus of the deceased-employee had not been taken care of. A perusal of the impugned order shows that no such plea was raised before the Commissioner. The only claim before the Commissioner was that the amount of compensation having been paid 1½ years after the date of accident, the claimants should be awarded interest. FAO No.6877 of 2010 2 The Commissioner considering the prayer, awarded interest of ` 70,690/- to the appellants. No provision of law has been referred to at the time of hearing, in terms of which the appellants could be awarded any amount on account of future prospectus. As there is no merit in the present appeal, the same is dismissed. The application seeking condonation of delay of 387 days is also dismissed as the grounds mentioned in the application are not just, on the basis of which such a huge delay could be condoned. (RAJESH BINDAL) JUDGE 17.05.2011 sharmila