Sudha Rani Jamwal And Ors vs Managing Director Jksrtc Jammu
2021 Latest Caselaw 1576 j&K

                                                                     Sr. No. 17
        HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                        AT JAMMU
                                                          MA No. 105/2016


Sudha Rani Jamwal and Ors.                            .....Appellant(s)/Petitioner(s)


                       Through: Mr. R.S Kotwal, Advocate.

                  Vs


Managing Director JKSRTC Jammu                                   ..... Respondent(s)

                       Through:    Mr. Kamal Gupta, Advocate.


Coram: HON'BLE MR. JUSTICE PUNEET GUPTA, JUDGE
                                     ORDER

1. Learned counsel for the appellants has argued that the appellants are

entitled to interest from the date of the accident and not from the date of filing of

claim application as held in the impugned award passed by the Commissioner

under Employees Compensation Act (Assistant Labour Commissioner), Jammu.

Learned counsel for the appellants does not press for grant of penalty amount

though the plea is taken in the appeal.

2. Learned counsel for the appellants to support his contention has

placed reliance on the judgment of the Apex Court rendered in case titled

Saberabibi Yakubbhai Shaikh and ors. Vs National Insurance Company and ors

2014(1) Law Herald (SC) 36.

3. Learned counsel for the respondent submits that the appellants are not

entitled to the interest as argued by them and the award has been passed as per

law.

4. The appellants have been awarded Rs. 6,77,760/- along with interest

calculated to the tune of Rs. 1,35,552/-. The appellants have been awarded

interest from the date of filing of claim petition. Section 4A(3) of the

Workmen's Compensation Act, 193 ordains that where an employer is in default

in paying the compensation due under this Act within one month from the date it

fell due, the Commissioner is to award simple interest thereon @ 12 % P.A on

the amount due to the appellants.

5. The amount is due to the appellants from the expiry of one month

from the date of accident and consequently statutory interest also becomes due

from the said date.

6. In view of the above, the appellants shall be entitled to the interest

from the expiry of one month from the date of accident and not from the date of

filing of the claim application as held in the impugned award. The plea of the

appellants that they are entitled to the interest from the date of accident stands

rejected in view of the provisions of law.

7. The award stands modified and the statutory interest shall be

calculated accordingly by the Authority.

8. Disposed of.

(Puneet Gupta) Judge

Jammu 01.12.2021 Tarun

TARUN KUMAR GUPTA 2021.12.01 15:19 I attest to the accuracy and integrity of this document