Wd. Usha Devi Patel vs M/S Sansum Engineers & ...
2023 Latest Caselaw 1734 MP

                                                              1
                                   IN      THE   HIGH COURT OF MADHYA PRADESH
                                                      AT JABALPUR
                                                           BEFORE
                                             HON'BLE SHRI JUSTICE VIVEK AGARWAL
                                                   ON THE 31 st OF JANUARY, 2023
                                                    MISC. APPEAL No. 3423 of 2012

                                  BETWEEN:-
                                  1.    WD. USHA DEVI PATEL W/O LATE SHRI RAJESH
                                        KUMAR PATEL, AGED ABOUT 22 YEARS, R/O
                                        VILLAGE BANNA, MAHATMAN P.S. HANUMANA,
                                        DISTT. REWA (MADHYA PRADESH)

                                  2.    JAI KARAN PATEL S/O SHRI RAM VISHAL PATEL,
                                        AGED ABOUT 60 YEARS, R / O VILLAGE BANNA,
                                        MAHATMAN P.S. HANUMANA, DISTT. REWA
                                        (MADHYA PRADESH)

                                  3.    NAGENDRA KUMAR PATEL S/O LATE SHRI
                                        RAJESH KUMAR PATEL, AGED ABOUT 4 YEARS,
                                        MINORS   THROUGH    NATURAL GUARDIAN
                                        MOTHER APPL. NO.1 R / O VILLAGE BANNA,
                                        MAHATMAN P.S. HANUMANA, DISTT. REWA
                                        (MADHYA PRADESH)

                                  4.    KU. KALPANA PATEL D/O LATE SHRI RAJESH
                                        KUMAR PATEL, AGED ABOUT 2 YEARS, MINORS
                                        THROUGH NATURAL GUARDIAN MOTHER APPL.
                                        N O . 1 R / O VILLAGE BANNA, MAHATMAN P.S.
                                        HANUMANA, DISTT. REWA (MADHYA PRADESH)

                                                                                      .....APPELLANTS
                                  (BY SHRI ARUVENDRA SINGH - ADVOCATE)

                                  AND
                                  1.    M/S SANSUM ENGINEERS & CONTRACOTRS, F-8,
                                        SAI SHANKER ENCLAVE MOHAN NAGAR,
                                        NAGPUR M.H. (MAHARASHTRA)

                                  2.    NATIONAL     INSURANCE COMP.    LTD., 3,
                                        MIDDLETON STREET, P.B. NO. 9292 KOLKATA
Signature Not Verified
  SAN
                                        700071 (WEST BENGAL)

Digitally signed by TULSA SINGH
Date: 2023.02.01 17:44:46 IST                                                        .....RESPONDENTS
                                  (NONE)
                                                                        2
                                           This appeal coming on for admission this day, th e court passed the
                                  following:
                                                                        ORDER

T his miscellaneous appeal is filed by the claimants/appellants being aggrieved of award dated 12/09/2012 passed by learned Commissioner for Workmen's Compensation Act/Labour Court, Rewa in Case No.45/DCAct/08 Fatel.

T ho ugh claimants/appellants have raised several grounds but Shri Arubendra Singh, learned counsel for the appellants, submits that he is only pressing one ground namely award of interest from the date of expiry of one

month of the accident till the date of actual payment whereas learned Commissioner has awarded interest only till date of passing of the award which is arbitrary and illegal and in violation of the statutory provisions contained in Section 4A(3) of the Workmens Compensation Act so also the judgment of Hon'ble Supreme Court in the case of Saberabibi Yakubbhai Shaikh and others Vs. National Insurance Company Limited and others, (2014) 2 SCC 298.

As office report dated 03/11/2022 respondents No.1 and 2 are served. As nobody is appearing for the respondents though names are mentioned in the cause list, this miscellaneous appeal can be disposed of with a direction that in view of the judgment of Hon'ble Supreme Court in the case of Saberabibi Yakubbhai Shaikh and others (supra), interest will be payable at the rate of 12% per annum which is statutory rate w.e.f. 06/03/2008 till the date of actual payment.

Signature Not Verified SAN

In above terms, this miscellaneous appeal is disposed of. Digitally signed by TULSA SINGH Date: 2023.02.01 17:44:46 IST Record of the Tribunal be sent back.

(VIVEK AGARWAL) JUDGE ts

Signature Not Verified SAN

Digitally signed by TULSA SINGH Date: 2023.02.01 17:44:46 IST