THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM
CIVIL MISCELLANEOUS APPEAL No. 299 of 2013
JUDGMENT:
There is no dispute with regard to the facts. Learned counsel for the appellants submits that grievance of the appellants is only with respect to the interest not being granted from the date of the accident till the date of payment, in the light of the judgment of the Apex Court in Oriental Insurance Company Limited v. Siby George1.
A perusal of the order under appeal discloses that though the Commissioner directed the respondents to deposit the compensation within 30 days from the date of receipt of the order, failing which, it should carry interest @12% per annum, the Hon'ble Supreme Court in Siby George (1 supra), while referring to the judgments in Pratap Narain Singh Deo v. Srinivas Sabata2 and Kerala State Electricity Board v. Valsala3, held that the interest is payable from the date of the accident. However, the liability to pay interest arises only after one month from the date of the accident in view of Section 4-A(3)(a) of the Workmen's Compensation Act, 1923.
1 (2012) 12 SCC 540 2 (1976) 1 SCC 289 3 AIR 1999 SC 3502 2 In those circumstances, this appeal is allowed modifying the order under appeal to the effect that the appellants are entitled to interest @12% per annum after one month from the date of the accident till the date of realization.
Miscellaneous applications, if any pending, shall stand closed. There shall be no order as to costs.
_________________________ CHALLA KODANDA RAM, J Dt: 13.07.2021 kdl