Gauhati High Court
The Oriental Insurance Co. Ltd vs Md. Rahim Ali And Anr on 17 November, 2021
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GAHC010200622004
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : MFA/83/2004
THE ORIENTAL INSURANCE CO. LTD.
A COMPANY REGISTERED UNDER THE COMPANIES ACT 1956
REPRESENTED BY ITS REGIONAL MANAGER, ULUBARI, GUWAHATI - 7
VERSUS
MD. RAHIM ALI AND ANR.
S/O MD. KASEM ALI,
VILLAGE BATADRABA( DHANIABHETI)
PO BATADRABA
DIST NAGAON, ASSAM
2:SRI SAMIRAN SAHA
S/O SRI REBOTI MOHAN SAHA
VILL - CHAKITUP
PO CHUTAHAIBAR
DIST NAGAON
ASSA
Advocate for the Petitioner : MR. R KATHKATIA
Advocate for the Respondent : MR. R DHAR, (R-1), LEGAL AID COUNSEL
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BEFORE
HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA
ORDER
17.11.2021
Heard Mr. S.K. Goswami, learned counsel appearing for the appellant. Notice
upon the respondents was published in the newspaper and to that effect, an
affidavit has been filed. Therefore, the service of notice on the respondents is
deemed complete.
This is an old pending appeal that was instituted in the year 2004. The appeal
was filed challenging the judgment and order dated 31.03.2004 passed by the
Commissioner for Workmen's Compensation, Nagaon, Assam in Case No. 94/2002.
Considering the long pendency of the appeal, I have decided to dispose of the
appeal today.
The Commissioner awarded an amount of Rs.96,876.00 in favour of the
claimant. Commissioner also directed that aforesaid award shall carry an interest
@12% per annum w.e.f. 14.05.2001 i.e. from the date of the accident.
The present application has been filed because though the wage of the
deceased was held to be Rs.3,000.00 per month but at the time of calculation of 50%
of the wage, it was shown as Rs.18,000.00 whereas it should have been Rs.15,000.00.
Secondly, Mr. Goswami submits that this Court in the case of Oriental Insurance Co.
Ltd. v. Jamaluddin (Md.) & Anr., reported in 2015 (4) GLT 738 has already decided
that the rate of interest should be calculated from the date of adjudication, not from
the date of the accident.
This Court agrees to the submission made by Mr. Goswami. The learned Commissioner
has erroneously made the calculation while awarding Rs.96,876.00. The amount of
R.18,000.00 shown in the calculation should have been Rs.15,000.00. If it is held at
Rs.15,000.00 then the total compensation would be Rs. 80,730.00. The interest of 12%
awarded to the claimant must be calculated from the date of adjudication of the
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case i.e. 31.03.2004.
Therefore, the appeal stands allowed. The respondent claimant shall be entitled to
RS.80,730.00 with interest @12% per annum from the date of the adjudication i.e.
31.03.2004.
The appellant has already deposited the entire awarded amount before the
Commissioner and the claimant has withdrawn Rs.58,126.00. The balance amount
shall be returned to the appellant Insurance Company.
With the aforesaid direction, the appeal stands disposed of.
JUDGE
Comparing Assistant
