Kerala High Court
Nitheesh vs The Commissioner For Employees ... on 17 January, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
TUESDAY, THE 17TH DAY OF JANUARY 2023 / 27TH POUSHA, 1944
WP(C) NO. 40607 OF 2022
PETITIONER/S:
NITHEESH
AGED 35 YEARS
S/O SASIMON
MUNDAKKAL HOUSE
NEERKIKKAD.,
KOTTAYAM - 686564, PIN - 686564
BY ADV PETERLAL
RESPONDENT/S:
1 THE COMMISSIONER FOR EMPLOYEES COMPENSATION (INDUSTRIAL
TRIBUNAL), ALAPPUZHA
INDUSTRIAL TRIBUNAL, EMPLOYEES INSURANCE COURT AND
OFFICE OF THE EMPLOYEES COMPENSATION COMMISSIONER,
BEHIND ALAPPUZHA DISTRICT COURT , ALAPPUZHA- 688013,
2 BALU GEORGE ( SOUGHT TO BE IMPLEADED )
S/O VARGHESE THOMAS
KOCHUPARAMBIL HOUSE, VILLOONI P.O.,
ARPPOOKKARA, ARPPOOKKARA VILLAGE, KOTTAYAM DISTRICT -
686008 ( SOUGHT TO BE IMPLEADED )
3 THE MANAGER NATIONAL INSURANCE COMPANY LTD ( SOUGHT TO
BE IMPLEADED )
1ST FLOOR, VETTEEL CHAMBERS, MAHATMA GANDHI RD,
ADJACENT TO IOC PUMP, RAVIPURAM, PALLIMUKKU, ERNAKULAM,
KERALA-682016 ( SOUGHT TO BE IMPLEADED )
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 40607 OF 2022
2
JUDGMENT
Petitioner while working as an employee in the establishment of the
employer, unfortunately met with an accident on 25.4.2012. A claim
petition under the Workmen compensation Act was preferred, resulted
into an award dated 19.2.2021 assessing the amount of compensation of
Rs.3,22,920/- along with the interest at the rate of 7% and as well as
medical reimbursement of Rs.6,23,128.59. An execution application
dated 6.1.2022 was filed and in response thereto, recovery proceedings
were initiated by the compensation Tribunal on 27.1.2022. Insurance
Company on 15.9.2022 deposited the amount aforementioned but without
interest. Ext.P4 dated 20.10.2022 was submitted for release of the
amount as there is no stay in the appeal purported to have been filed by
the insurance company in view of the communication / letter dated
26.12.2022.
2. Learned counsel appearing on behalf of the petitioner
submitted that the petitioner has been constrained to file this petition for
two reasons that neither effective steps for recovery of the interest and
disbursement of the amount already deposited by the Insurance
Company.
3. Learned Government Pleader do not deny the aforementioned
facts and submits that on 16.1.2023, a communication was issued to the
petitioner to receive the payment as noticed above deposited by the
WP(C) NO. 40607 OF 2022
insurance company. In the absence of stay, serious and effective
measures would be taken against the Insurance company / indemnifier
for payment of the interest.
In this view of the matter, I dispose of the writ petition by issuing
directions to the respondent to release the amount already deposited by
the insurance company to the petitioner subject to compliance of the
statutory requirements of law within a period of one week from the date
of receipt of a certified copy of this judgment and take effective measures
for recovery of the balance amount in the form of interest as
expeditiously as possible in accordance with law. Liberty is granted to
the petitioner to revive the petition.
SD/-
sab AMIT RAWAL
JUDGE
WP(C) NO. 40607 OF 2022
APPENDIX OF WP(C) 40607/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE MEDICAL CERTIFICATE
ISSUED BY DR. BIPIN THERUVIL OF LAKESHORE
HOSPITAL AND REASEARCH CENTRE,
NETTOOR(EXAMINED AS AW1 BEFORE RESPONDENT
COMMISSIONER) DATED 20/10/2016
Exhibit P2 TRUE COPY OF THE JUDGMENT IN E.C.C. NO. 28
OF 2015 ON THE FILE OF THE HON'BLE
COMMMISSIONER FOR EMPLOYEES COMPENSATION
(INDUSTRIAL TRIBUNAL) , ALAPPUZHA DATED
19-02-2021
Exhibit P3 TRUE COPY OF THE EXECUTION PETITION DATED
6/1/2022 BY THE PETITIONER
Exhibit P4 TRUE COPY OF THE APPLICATION FILED BY THE
PETITIONER DATED FOR RELEASE OF THE
DEPOSITED SUM DATED 20/10/2022
