THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM
CIVIL MISCELLANEOUS APPEAL No.819 of 2004
JUDGMENT:
This appeal is filed against the order dated 31.12.2003 passed by the Commissioner, Workmen's Compensation, in W.C.Case No.134 of 2001 (NF).
Heard learned counsel for the appellant. None appeared for the respondent insurance company.
The only question which has been pressed for consideration is with regard to the date of payment of interest.
Whatever may be the position prior to Oriental Insurance Company v. Siby George1, finality was given by the Hon' ble Supreme Court in Siby George (1 supra) with respect to the issue that the compensation amount falls due and payable from the date of accident; and this was in line with the judgment of Supreme Court in Pratap Narain Singh Deo v. Srinivas Sabata2.
Though the compensation amount is due and payable from the date of accident till the date of realisation, the liability to pay interest arises only from one month of the date of accident till the date of deposit. This is on account of Section 4A(3) of the Workmen's Compensation Act, 1923.
Accordingly, the civil miscellaneous appeal stands disposed of. It is made clear that wherever the compensation amount has been deposited in pursuance of the orders of Commissioner, the payment of interest shall be calculated from one month of the date of accident till the 1 (2012) 12 SCC 540 2 (1976) 1 SCC 289 date of deposit. No costs. Miscellaneous applications, if any pending, shall also stand closed.
_____________________ CHALLA KODANDA RAM, J 16th June, 2021 ksm THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM CIVIL MISCELLANEOUS APPEAL No.819 of 2004 16th June, 2021 ksm