Madras High Court
Tmt.D.Periyakkal vs A.Rajendran on 20 January, 2021
C.M.A.No.1117 of 2017
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.01.2021
CORAM
THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM
C.M.A.No.1117 of 2017
1.Tmt.D.Periyakkal
2.Minor D.Arun
3.Minor D.Mohana
4.Tmt.Bakkiyam ..Appellants
Vs.
1.A.Rajendran
2.Reliance General Insurance Company Ltd.,
Sri Lakshmi Complex, Bharathi Street,
Omalur Main Road, Swarnapuri,
Salem 636 004. ..Respondents
Prayer : Civil Miscellaneous Appeal filed under Section 30 of the
Employees Compensation Act, 1923, against the order dated 25.05.2015
made in W.C.No.169 of 2012, on the file of the Deputy Commissioner
of Labour, Salem.
For Appellants : Mr.Ma.P.Thangavel
For Respondents : Mr.S.Arunkumar for R2
R1 - exparte
1/4
https://www.mhc.tn.gov.in/judis/
C.M.A.No.1117 of 2017
JUDGMENT
The award dated 25.05.2015, in W.C.No.169 of 2012 is under
challenge in the present civil miscellaneous appeal.
2. The facts as well as the amount of award are not disputed by
the respective parties to the present appeal on hand. The learned counsel
for the parties made a joint submission that the interest portion alone is
to be reconsidered by this Court in the appeal.
3. The learned counsel for the appellants made a submission that
the Deputy Commissioner of Labour granted interest at the rate of 12%
per annum, if the award amount has not been deposited within 30 days
and such condition imposed is in violation of the statutory provisions of
the Employees Compensation Act. As per Section 4(A) (3)(a) of the
Employees Compensation Act, the claimants are entitled for interest at
the rate of 12% per annum. However, the interest is to be calculated
from the date of accident and not from the date of expiry of 30 days
from the date of passing of the award.
https://www.mhc.tn.gov.in/judis/
C.M.A.No.1117 of 2017
4. In view of the fact that the interest is to be calculated from the
date of accident, the award dated 25.05.2015 passed in W.C.No.169 of
2012 stands modified and accordingly, the appellants are entitled to get
interest at the rate of 12% per annum from the date of the accident. The
revised interest amount is to be deposited by the second respondent
Insurance Company, within a period of twelve weeks from the date of
receipt of a copy of this order. On such deposit, the major appellants
alone are permitted to withdraw their respective portion of the award by
filing an appropriate application and payments are to be made through
RTGS. As far as the minor appellants are concerned, the said amount
shall be deposited in an interest bearing scheme in any one of the
Nationalized Bank till they attain majority.
5. Accordingly, the award dated 25.05.2015 in W.C.No.169 of
2012 stands modified and C.M.A.No.1117 of 2017 stands allowed in
part. No costs.
20.01.2021
Index: Yes/No
Internet:Yes/No
Speaking order/Non-Speaking Order
gsk
https://www.mhc.tn.gov.in/judis/
C.M.A.No.1117 of 2017
S.M.SUBRAMANIAM, J.
gsk
To
The Deputy Commissioner of Labour, Salem.
C.M.A.No.1117 of 2017
20.01.2021
https://www.mhc.tn.gov.in/judis/
