THE HONOURABLE SMT. JUSTICE P. MADHAVI DEVI
CIVIL MISCELLANEOUS APPEAL
NOs.456 AND 461 OF 2007
COMMON JUDGMENT
Civil Miscellaneous Appeals No.456 and 461 of 2007 are filed
against the awards dt.20.02.2007 passed by the Commissioner for
Workmen's Compensation and Assistant Commissioner of Labour-1,
Hyderabad in W.C.No.113 of 2004 and W.C.No.112 of 2004
respectively.
2. The grounds raised by the insurance company, Opposite Party
No.2, in these two cases are that the death of the deceased was not in
the course of employment and that the deceased were responding to
natural calls on railway tracks at the time of the accident and as such
their death is not in the course of the employment as defined under the
Workmen's Compensation Act. It is also urged that the Commissioner
has erred in granting interest @ 12% per annum on the amount of
compensation from the date of the accident and further awarding
interest at the rate of 12% per annum on the awarded amount if the
award is not satisfied within 30 days thereof.
3. The learned counsel for the appellant reiterated the submissions
made before the Commissioner.
2
4. Having regard to the rival contentions, this Court finds that it is
not in dispute that the deceased in the accident were both driver and
cleaner of the lorry owned by Opposite Party No.1/respondent No.6 in
C.M.A.No.456 of 2007 and respondent No.5 in C.M.A.No.461 of 2007 respectively and while on journey, they had stopped on the way to attend to nature call. Hence, the accident is in the course of their employment only. As regards the date from which interest is payable, this Court finds that the Hon'ble Supreme Court of India in case of Oriental Insurance Company Limited Vs. Siby George and others1 has held that the employer's liability to pay compensation arises on the date of injury which is caused to the workman by accident which has arisen out of and in the course of employment and interest thereon becomes due when there is default in payment of compensation. It was further held that the reasons for default are immaterial and where there is delay without justification, the employer is also liable to pay penalty.
5. Respectfully following the above decision of the Hon'ble Supreme Court of India, this Court holds that there is no cause for interference in the impugned awards of the Commissioner.
6. Accordingly, the Civil Miscellaneous Appeals are dismissed. No order as to costs.
1 (2012) 12 SCC 540 3
7. Pending miscellaneous petitions, if any, in these CMAs shall also stand dismissed.
___________________________ JUSTICE P. MADHAVI DEVI Date: 12.11.2021 Svv