[Cites 7, Cited by 0]
Jharkhand High Court
Nanhki Devi vs Manohar Singh on 16 December, 2025
Author: Gautam Kumar Choudhary
Bench: Gautam Kumar Choudhary
2025:JHHC:37833
IN THE HIGH COURT OF JHARKHAND AT RANCHI
M. A. No.46 of 2014
1.Nanhki Devi, W/o Late Bal Krishna Prasad Mandal@ Bal Kishan Pd.
Mandal @ Jhari Mandal
2.Kranti Kumari, D/o Late Bal Krishna Prasad Mandal@ Jhari Mandal
3.Shrawan Mandal, S/o Late Bal Krishna Prasad Mandal@ Jhari Mandal
4.Babita Kumari, D/o Late Bal Krishna Prasad Mandal@ Jhari Mandal
5.Suganti Kumari, D/o Late Bal Krishna Prasad Mandal@ Jhari Mandal
6.Kastari Kumari, D/o Late Bal Krishna Prasad Mandal@ Jhari Mandal
7.Vuti W/o Late Fouda Mandal
Appellant Nos.2 to 6 are minors, as such, they are represented through their
mother and natural guardian, .Nanhki Devi [appellant no.1 herein].
All R/o Village- Keshwari, PO- Keshwari, PS- Sariya (Bagodar), District-
Giridih (Jharkhand).
.... .. ... Appellant(s)
Versus
1. Manohar Singh, S/o Sri Nand Kishore Singh, R/o Village- Basta Cola,
Sonar Basti, PO- Dhansar, PS- Jharia, District- Dhanbad (Jharkhand).
2. Reliance General Insurance, Anil Dhirubhai Ambani Group, through
Branch Manager, Post and PS- Dhanbad, District- Dhanbad, Jharkhand.
3. Reliance General Insurance Co. Ltd., 570, Naigaum Cross Road, next to
Royal Industrial Estate, Wadal (W), PS- Wadal (W), Mumbai- 4000311
(Maharastra).
4. Reliance General Insurance Co. Ltd., Reliance Centre, 19, Walchand
Hirachand Marg, Ballard Estate, PO- Mumbai, PS- Mumbai Central, PIN-
400001 (Maharastra).
5. Reliance General Insurance Co. Ltd., 3rd Floor, Chandra Kali Bhawan, M-
5, City Centre, PO- Bokaro Steel City, PS- Bokaro Steel City, Bokaro,
827004, District- Bokaro.
. .. ... ...Respondent(s)
...........
CORAM :HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY
.........
For the Appellant (s) : M/s A. K. Lall, Shiwam Lath,
D. Arati Kumari & S. Singh Kashyap, Advocates
For the Resp.1 : Mr. Sanjoy Piprawall, Advocate
For the RGIC : Mrs. Swati Shalini, Advocate
......
15/ 16.12.2025. Heard, learned counsel for the parties.
1. The claimants are appellants who have preferred the instant Misc. Appeal
under Section 30(1)(a) of the Employee's Compensation Act, 1923, for
enhancement of the Award amount vide impugned judgment / Award
dated 26.11.2013 passed by learned Presiding Officer, Labour Court,
Deoghar, in W.C. Case No.58 of 2011.
2. The instant Misc. Appeal was admitted to be heard on the following
substantial questions of law :-
(i) Whether khuraki (daily wages) can be considered as part and parcel
of salary in case of a driver driving the truck?
2025:JHHC:37833
(ii) Whether interest on Workmen Compensation is be awarded from
the date of accident?"
3. It is argued by learned counsel for the appellants/ claimants that as per
Section 2(m) of the Employees' Compensation Act, 1923, Khuraki is
covered under the wages. However, learned Labour Court has excluded
the Khuraki as Rs.50/- per day in the wages and computed the
compensation of Rs.4,000/- per month only.
4. So far interest part is concerned, it is contended that under Section 4A
(3)(a) and 4A (3) (b) of the said Act, 1923, interest @12% per annum is to
be awarded from the date of accident i.e. 06.12.2009.
5. It is argued by learned counsel for the Respondents- Insurance Company
that there was upper ceiling of Rs.4,000/- per month admissible for
compensation under the Old Act and that included Khuraki as well. The
accident took place on 06.12.2009 whereas the new Amendment Act came
into force on 22.12.2009, meaning thereby that the accident took place
before coming into force of the new Act, 2010.
6. Reliance in this regard is placed on 2016 SCC OnLine Jhar 1067 [Smt.
Sumitra Devi vs. Sachida Nand Bhadani & Ors.] wherein it has been held
that the accident took place before coming into force of the Amendment
Act, 2010.
7. Having heard learned counsel for the parties, I find force in the argument
advanced on behalf of the Respondent(s)- Insurance Company that since
the accident took place before coming into force of the Amendment Act,
2010, therefore, khuraki will be included in the wages and the upper ceiling
of Rs.4,000/- per month only on the basis of which, the final compensation
has been computed. Therefore, there is no scope of enhancement of
compensation amount. Substantial question No.(i) is answered
accordingly.
8. So far Substantial question No.(ii) with regard to interest is concerned, it
is argued by learned counsel for the respondents- Insurance Company that
since compensation has been awarded with respect to murder of driver,
therefore, interest as per question no.(ii) will not be admissible.
9. I do not find any cross appeal or cross-objection against the impugned
Award. Earlier Cross Objection No.5 of 2014 was filed, but the same was
dismissed by this Court.
2025:JHHC:37833
10.The second plea raised on behalf of the Respondent-Insurance Company
is not sustainable and the interest will be admissible from the date of
accident. What is the date from which, the interest on the awarded amount
is to be paid in a compensation awarded under the Employees
Compensation Act, 1923 is settled by the Apex Court in (2016 ) 11 SCC
201 [Jaya Biswal & Ors. Vs. Branch Manager, IFFCO TOKIO GENERAL
INSURANCE COMPANY Ltd. & Anr.] wherein it has been held that the
interest @12% per annum is admissible from the date of accident.
11. Under the circumstance in view of the law settled by the Apex Court, the
interest on the awarded amount is to be paid from the date of accident.
Miscellaneous Appeal is accordingly partly allowed. Pending I.A.,
if any, stands disposed of.
(Gautam Kumar Choudhary, J.)
Sandeep/-
Uploaded
18.12.2025.
