THE NATIONAL INSURANCE CO. LTD. v. SMT. KHURSHEEDA AND 6 ORS.
FAFO/1772/2015 · 2025-07-06
Saral Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 42995 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 42995 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:106709 Court No. - 2 Case :- FIRST APPEAL FROM ORDER No. - 1772 of 2015 Appellant :- The National Insurance Co. Ltd. Respondent :- Smt. Khursheeda And 6 Ors. Counsel for Appellant :- Pankaj Rai Hon'ble Saral Srivastava,J.
1. Heard counsel for the parties and perused the records.
2. By means of the present appeal, the appellant has challenged the
judgment and award dated 05.05.2015 passed by the Commissioner, Employees' Compensation Act, 1923 and Assistant Labour Commissioner, U.P., Kanpur Region, Kanpur in E.C. No.274 of 2013 (Smt. Khursheeda and others Vs. Harihar Prasad Tewari and others), whereby the Commissioner has awarded Rs.2,34,619.00/- along with 12% interest as compensation to the respondents.
3. The contention advanced by learned counsel for the appellant is that the Commissioner has erred in law in awarding the interest from the date of incident. It is contended that in the instant case, earlier the claimant/respondent had approached the Tribunal for seeking compensation which was dismissed on the ground that the claimant/respondent should approach the Employees' Compensation Commissioner under the Employees' Compensation Act, 1923. It is contended that the interest awarded by the Commissioner from the date of incident is wholly unjustifiable and suffers from manifest error of law.
4. Be that as it may, an appeal under Section 30(3) of the Employees' Compensation Act would lie on the substantial
question of law of public importance. In the instant case, this Court is of the view that the substantial question of law raised by the appellant is not of public importance, therefore, this Court is not inclined to interfere with the impugned order.
5. The appeal lacks merits and is, accordingly, dismissed.
Order Date :- 7.7.2025 CS/- Digitally signed by :- CHANDAN SINGH High Court of Judicature at Allahabad