S. Manigandan vs K. Radhakrishnan
2021 Latest Caselaw 1098 Mad

                                                                                    C.M.A.No.1738 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.1738 of 2016

                     S. Manigandan                                                   .. Appellant


                                                           Versus

                     1. K. Radhakrishnan

                     2. Royal Sundram Alliance General Insurance Co., Ltd.,
                        No.1, Club House Road, Chennai – 2.                 .. Respondents


                     Prayer: Civil Miscellaneous Appeal filed under Section 30 of Workmen
                     Compensation Act 1923, against the decree and judgment dated 14.02.2013
                     made in W.C.No.87 of 2012 on the file of Commissioner for workmen's
                     compensation – 2 (Deputy Commissioner of Labour – 2) Chennai.


                                    For Appellant      : Mr. K. Varadha Kamaraj

                                    For Respondents    : R1 – Not ready in notice
                                                         R2 – No Appearance




                     1/4


https://www.mhc.tn.gov.in/judis/
                                                                                  C.M.A.No.1738 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 handed with

effect from the date of accident. Accordingly, the appellant is entitle for the

award amount of Rs.2,26,147/- along with the interest at the rate of 12% per

annum with effect from the date of accident. The second respondent/Royal

Sundram Alliance General Insurance Co. Ltd., 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 of the judgment and on such deposit the

appellant is permitted to withdraw the entire amount by filing an appropriate

https://www.mhc.tn.gov.in/judis/ C.M.A.No.1738 of 2016

application and the payment sought to be made through RTGS. Thus, the

award dated 14.02.2013 passed in W.C.No.87/2012 stands modified and

CMA.No.1738/2016, stands allowed in part. No costs.

19.01.2021 Index: Yes/ No AT

https://www.mhc.tn.gov.in/judis/ C.M.A.No.1738 of 2016

S.M.SUBRAMANIAM,J.

AT

To The Deputy Commissioner of Labour – 2, Chennai.

C.M.A.No.1738 of 2016

19.01.2021

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