Bombay High Court
National Insurance Co. Ltd., ... vs Shakilabi Wd/O Moh. Shakil Khan ... on 1 September, 2017
Bench: I.K. Jain
fa.757.12.jud 1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
FIRST APPEAL NO.757 OF 2012
National Insurance Co. Ltd.
Akola Branch, through the Regional Manager,
Nagpur Regional Office,
IInd Floor, Mangalam Arcade,
North Bazar Road, Dharampeth Extension,
Nagpur. .... Appellant
-- Versus -
01] Shakilabi wd/o Mohd. Shakil Khan,
Aged about 35 years, Occ. Household Work.
02] Mohd. Shahajad Khan s/o Mohd. Shakil Khan,
Aged about 16 years, Occ. Student.
03] Mohd. Arif Khan s/o Mohd. Shakil Khan,
Aged about 14 years. Occ. Nil.
04] Sana Parvin d/o Mohd. Shakil Khan,
Aged about 12 years, Occ. Nil.
05] Anjum Parvin d/o Mohd. Shakil Khan,
Aged about 10 years, Occ. Nil.
06] Gulistaparvin d/o Mohd. Shakil Khan,
Aged about 8 years, Occ. Nil.
07] Mohd. Sharif Khan Abdulla Khan,
Aged about 70 years, Occ. Nil.
08] Hasina w/o Mohd. Sharif Khan,
Aged about 65 years, Occ. Household Work,
Respondents No.2 to 6 Minors,
through their mother and natural guardian,
Respondent No.1, who is power of attorney
holder for Respondent Nos.7 & 8.
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All r/o Akot File, Akbar Plots, Akola,
Tah. & Distt. Akola.
09] Rajendraprasad Raghuvirsharan Agrawal,
Aged adult, Occ. Truck Owner,
C/o C.R. Mittal, Railway Station Road,
Akola, Tah. & Distt. Akola. .... Respondents
Shri D.N. Kukday, Advocate for the Appellant.
None for the Respondents.
CORAM : KUM. INDIRA JAIN, J.
DATE : SEPTEMBER 1, 2017.
ORAL JUDGMENT :-
This appeals takes an exception to the award dated
16/03/2012 passed by the Commissioner under the Workmen's
Compensation Act, Labour Court, Akola in W.C.A. Case
No.12/2007 thereby allowing an application for compensation
preferred by respondents.
02] The facts giving rise to the appeal may be stated in
nutshell as under :
i. Shakil Khan, husband of respondent no.1, father of
respondent nos.2 to 6 and son of respondent nos.7 &
8, was working as driver with respondent no.9. On
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16/12/2000, after loading the truck at Akola, Shakil
Khan was proceeding towards Jalna. At about 05:00
a.m., truck met with an accident between Chikhali
and Deulgaon Road. Accident occurred due to
technical fault and Shakil Khan died on the spot.
ii. Respondent nos.1 to 8 filed Claim Petition
No.114/2001 before the Motor Accident Claims
Tribunal, Akola claiming compensation under Section
166 of the Motor Vehicles Act. The said petition was
dismissed by the Tribunal vide order dated
18/09/2006 holding that petition under Section 166 of
the Motor Vehicles Act was not tenable.
iii. Respondent nos.1 to 8 thereafter filed an application
under the Workmen's Compensation Act claiming
compensation of Rs.3,44,120/- with interest at the
rate of 18% per annum and penalty as per law. The
Commissioner under the Workmen's Compensation
Act vide judgment and award dated 16/03/2012
allowed the application and directed non-applicant
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nos.1 & 2 in the application, i.e. respondent no.9 and
appellant in the present appeal, to pay compensation
of Rs.2,82,580/- along with interest @ 12% per annum
from the date of filing of application till actual
realization. It is this order which is the subject matter
of the instant appeal.
03] Heard Shri D.N. Kukday, learned Counsel for
appellant. None for respondents. Perused impugned judgment
and award passed by the Commissioner under the Workmen's
Compensation Act.
04] The short controversy arises in the appeal is, whether
interest on amount of compensation awarded by the
Commissioner would be payable from the date of application or
one month after the date of adjudication i.e. passing of the
award. The controversy is squarely covered by the Judgment of
the Hon'ble Supreme Court in Oriental Insurance Co. Ltd. vs.
Siby George & Ors. - [III (2012) ACC 367 (SC)]. The
question before the Hon'ble Supreme Court was whether interest
on amount of compensation would be payable from the date of
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accident or from the date of order of the Commissioner.
Considering the provisions of Sections 4-A(1) and (3) of the
Workmen's Compensation Act, 1923 and referring to the earlier
decisions in (i) Pratap Narain Singh Deo vs. Shrinivas
Sabata and anr. - [AIR 1976] SC 222], (ii) Oriental
Insurance Company Limited vs. Mohd. Nasir and anr. -
[(2009) 6 SCC 280] and (iii) National Insurance Co. Ltd. vs.
Mubasir Ahmed and anr. - [(2007) 2 SCC 349, the Hon'ble
Supreme Court held that the decisions in Mubasir Ahmed and
Mohd. Nasir insofar as they took a contrary view to the earlier
decisions in Pratap Narain Singh Deo (supra) did not express the
correct view and did not make binding precedents. The Hon'ble
Supreme Court held that interest on amount of compensation
would be payable not from the date of order of Commissioner,
but from the date of accident.
05] In the light of above, this Court does not find
substance in the submission of appellant that interest on
compensation would be payable from the date of order of the
Commissioner. Appeal, therefore, deserves to be dismissed.
Hence, the following order :
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ORDER
I. First Appeal No.757/2012 stands dismissed.
II. No order as to costs.
*sdw (Kum. Indira Jain, J)
