Smt.Vithabai Wd/O Lahu Kakade & 2 ... vs The Commissioner Chandrapur & Anr
2017 Latest Caselaw 6958 Bom

                                                 1              wp2227.02.odt

                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                         NAGPUR BENCH, NAGPUR

                          WRIT PETITION NO. 2227 OF 2002

 1]         Smt. Vithabai Lahu Kakade,
            aged about 48 years, Occ. Household,

 2]         Laxman Lahu Kakade,
            aged 27 years, Occ. Service,

 3]         Smt. Kokila Maroti Hekad,
            aged 24 years, Occ. Household,

            All R/o. Azad Ward, Bawane Layout,
            Warora, Tq. Warora, Distt. Chandrapur                 ...... PETITIONERS

                                 ...VERSUS...

 1]         The Commissioner under Workmen's
            Compensation Act & Judge, 
            Labour Court, Chandrapur, 
            Tah. And Distt. Chandrapur.

 2]      The Superintendent (M)/Manager,
         New Majari Open Cast, W.C.L.,
         P.O.Shivajee Nagar (Chandrapur),
         Tah. And Distt. Distt. Chandrpaur  ............       RESPONDENTS
 -------------------------------------------------------------------------------------------
 None for the Petitioner.
 Shri  V.P.Thakre,  AGP for Respondent no. 1
 Shri A.S.Mehadia, Advocate for Respondent No.2
 -------------------------------------------------------------------------------------------
                          CORAM: R. K. DESHPANDE, AND
                                        MANISH PITALE, JJ.

th DATE : 8 SEPTEMBER, 2017 .

ORAL JUDGMENT (P.C.)

1] This petition seeks direction to the respondents

to pay the entire amount of Rs.50,000/- towards the

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compensation under the Workmen's Compensation Act along

with interest at the rate of 24% per annum from the date of

the order passed on 10.07.1992 in W.C.A. No. 63 of 1991.

2] It is not in dispute that during 07.09.1992 to

18.09.1999, the amount of Rs.50,000/- was not deposited in

a fixed deposit in spite of the order dated 10.07.1992 by the

respondent No.1 - the Commissioner under the Workmen's

Compensation Act.

3] We have gone through the reply filed by the

respondent No.1. It seems that there was negligence on the

part of the employee working in the office of Respondent

No.1. The consequence is that the petitioner has suffered

the loss of interest on this amount. The respondent No.1 will

have to be, therefore, directed to pay the amount of interest

to the petitioner on the amount of Rs.50,000/- at the rate of

12% per annum.

4] In view of above, this petition is allowed. The

respondent No.1 shall pay interest at the rate of 12% per

annum on the amount of Rs.50,000/- for the period from

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07.09.1992 to 18.09.1999. The payment be made within the

period of two months from the date of receipt of this

judgment.

Rule is made absolute in above terms. No order

as to costs.

                                JUDGE                          JUDGE
 Rvjalit