FAO No.4192 of 2007 -1- IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH FAO No.4192 of 2007 Date of decision : 27.3.2009 The General Manager, Northern Railway, Baroda House, New Delhi and others ..Appellants. Vs. Mehtab Ram ..Respondent. CORAM: HON'BLE MR.JUSTICE RAKESH KUMAR JAIN Present : Mr.Puneet Jindal, Advocate for the appellants. Mr.Raghuvinder Singh, Advocate for the respondent. RAKESH KUMAR JAIN, J. Challenge in this appeal is to the order dated 31.5.2007 passed by Commissioner, under the Workmen's Compensation Act, 1923, vide which the appellants have been directed to deposit the amount of Rs.38,244/- along with interest @ 9% per annum w.e.f. 23.7.2000 upto the date of passing of order within a period of 30 days and in the event of non payment of the said amount, to pay extra interest @ 12% per annum on the said amount of Rs.38,244/- from the date of passing of the order till its realisation. The only argument raised by learned counsel for the appellants is that the amount of Rs.38,244/- has already been paid to the claimant/respondent w.e.f. June-July 2000 to December-January 2000-2001 FAO No.4192 of 2007 -2- as per Annexure P-2 and the same required to be deducted from the total damages calculated to the tune of Rs.42,804/- and the respondent has been rightly awarded Rs.4560/- as remaining amount of damages/compensation. Record in this case was summoned. I have perused document Ex.R1 which clearly proves that the amount paid from June-July 2000 to December-January 2001 was towards salary. Therefore, it could not have been deducted from the total amount of Rs.42,804/- calculated as per Ex.R3. Thus, I do not find any error in the impugned order dated 31.5.2007. No other argument has been raised before this Court. In view of the above, the present appeal is found to be without any merit and hence, the same is dismissed without any order as to costs. (RAKESH KUMAR JAIN) 27.3.2009 JUDGE Meenu