K. Muniappan vs Easwaran
2021 Latest Caselaw 1091 Mad

                                                                                  C.M.A.No.2551 of 2016

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                      DATED 19.01.2021

                                                          CORAM

                              THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM

                                                  C.M.A.No.2551 of 2016

                     K. Muniappan                                                  .. Appellant


                                                           Versus

                     1.Easwaran

                     2.M/s. Saravanan & Gopalakrishnan
                       Partners Flat Promoters,
                       No.82, I Floor,
                       Arcot Road, Kodambakkam,
                       Chennai – 600 024                                          .. Respondents

                     Prayer: Civil Miscellaneous Appeal filed under Section 30 of the Workmen
                     Compensation Act 1923, to allow this appeal and be pleased to enhance the
                     amount awarded in E.C.No.219 of 20065 dated 26.09.2016 on the file of
                     Commissioner for Workmen's Compensation-I, (Deputy Commissioner of
                     Labour-I) Chennai.


                                    For Appellant      : Mr. K. Varadha Kamaraj
                                    For Respondents    : R1 – Notice Sent - Vacated
                                                         R2 – Notice Sent – No such person


                     1/4


https://www.mhc.tn.gov.in/judis/
                                                                                    C.M.A.No.2551 of 2016



                                                      JUDGMENT

The learned counsel appearing on behalf of the appellant fairly

made a submission that the appeal is filed only with reference to the interest

awarded by the Deputy Commissioner of Labour on expiry of 30 days, if the

award amount had not been deposited by the respondents. In other words,

the award states that the opposite party should deposit the award amount,

within a period of 30 days, failing which they are liable to pay interest at the

rate of 12% per annum.

2. In view of the facts and circumstances, this Court is of the opinion

that the statutory interest of 12% per annum is to be granted with effect

from the date of accident. Accordingly, the appellant is entitled for the

award amount of Rs.3,73,626/- along with the interest at the rate of 12% per

annum with effect from the date of expiry of 30 days from the date of

accident. The second respondent/Saravanan & Gopalakrishnan Partners

Flat Promoters, is directed to deposit the modified interest amount along

with the award, within a period of 12 weeks from the date of receipt of copy

https://www.mhc.tn.gov.in/judis/ C.M.A.No.2551 of 2016

of the judgment and on such deposit the appellant is permitted to withdraw

the entire amount by filing an appropriate application and the payment

sought to be made through RTGS. Thus, the award dated 26.09.2016 passed

in E.C.No.219/2005 stands modified and CMA.No.2551/2016, stands

allowed in part. No costs.

19.01.2021

Index: Yes/ No AT

https://www.mhc.tn.gov.in/judis/ C.M.A.No.2551 of 2016

S.M.SUBRAMANIAM,J.

AT

To The Deputy Commissioner of Labour-I, Chennai.

C.M.A.No.2551 of 2016

19.01.2021

https://www.mhc.tn.gov.in/judis/