The Regional Director v. S.Lakshmamma , Lakshmi Devi

THE HON’BLE SRI JUSTICE C.V.RAMULU

CIVIL MISCELLANEOUS APPEAL No.275 of 2009

JUDGMENT:

This Civil Miscellaneous Appeal is directed against an order dated 12.10.2006 passed in O.A.No.1 of 2005 on the file of the Principal Senior Civil Judge, Kurnool, whereunder the application filed under Employees’ State Insurance Act claiming an amount of Rs.5,000/-, towards funeral expenses of the deceased S.Nagappa, and an amount of Rs.50,000/-, towards damages for causing the delay in paying the claim, was allowed in part granting funeral expenses of Rs.5,000/- with future interest at the rate of 12% p.a. from 02.09.1997 till the date of realization and the claim of the applicant against respondent No.1 and the claim of damages of Rs.50,000/- against respondent Nos.2 and 3 therein were rejected.

There is no necessity of going into all the details.

Smt. Pushpinder Kaur, learned counsel for the appellantRegional Director, Employees State Insurance Corporation, submits that the funeral expenses as provided under Rule 59 of the Employees’ State Insurance (Central) Rules, 1950 (for short ‘the Rules’) as on the date of the death of the deceased S.Nagappa was Rs.1,500/-.

Per contra, learned counsel appearing for the respondents stated that the compensation towards funeral expenses is Rs.2,500/-, as per the amended Rule 59 of the Rules, but not Rs.1,500/- as stated by the learned counsel for the petitioner.