THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM
CIVIL MISCELLANEOUS APPEAL No. 495 of 2004
JUDGMENT:
There is no dispute with regard to the facts. Learned counsel for the appellant-applicant submits that grievance of the appellant is only with respect to the interest not being granted by the Commissioner for Workmen's Compensation and Assistant Commissioner of Labour, Nizamabad, 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 the Commissioner directed the respondents to deposit the compensation within 30 days, but did not award any interest. In this connection, it is to be noted that 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. Further, this Court in its order dated 04.12.2015 in CMA.No.871 of 2015 held that the appellant/claimant is entitled to interest @12% per annum from the date of accident till the date of realization. However, the 1 (2012) 12 SCC 540 2 (1976) 1 SCC 289 3 AIR 1999 SC 3502 2 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.
In those circumstances, this appeal is allowed modifying the order under appeal to the effect that the appellant is 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 31th MARCH, 2021.
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