Madras High Court
Mr.Lakshmanan vs Project Executive on 22 January, 2021
C.M.A.No.653 of 2015
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22-01-2021
CORAM
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM
CMA No.653 of 2015
Mr.Lakshmanan .. Appellant
vs.
1.Project Executive,
Valliammal Society and SRM Institute,
Department of Construction,
Chennai-33.
(R-1 remained ex parte before the Forum)
2.United India Insurance Company Ltd.,
A-5 & A-6, II Floor,
No.27, Appasamy Towers,
Sir Thiyagaraya Road,
Near Nagesh Theatre,
T.Nagar,
Chennai-600 017. .. Respondents
PRAYER : Civil Miscellaneous Appeal is preferred under Section 30 of the
Workmen Compensation Act, against the Award dated 18.04.2009 made in
W.C.No.240 of 2007 on the file of the Deputy Commissioner of Labour-I,
Chennai.
1/6
https://www.mhc.tn.gov.in/judis/
C.M.A.No.653 of 2015
For Appellant : Ms.M.Malar
For Respondent-1 : No Appearance
For Respondent-2 : Ms.R.Srividhya
JUDGMENT
The present Civil Miscellaneous Appeal is filed mainly on the
ground that the Deputy Commissioner of Labour has not granted interest
from the date of accident, which is contrary to violation of Section 4-
A(3)(a) of the Employees Compensation Act.
2. The factum regarding the accident was established and the
employer-employee relationship as well as the course of employment were
also established.
3. The Deputy Commissioner of Labour awarded a sum of
Rs.3,12,350/- as compensation along with interest at the rate of 12% per
annum from the date of expiry of 30 days of the date of the Award. Such an
interpretation given by the Deputy Commissioner of Labour for grant of
interest is in violation of the provisions of the Employees Compensation
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C.M.A.No.653 of 2015
Act. Thus, the appellant is constrained to move the present Civil
Miscellaneous Appeal.
4. The Employees Compensation Act is a Welfare Legislation.
Thus, constructive interpretation is just and necessary. Once an employee
met with an accident and sustained injury or died, the Award of
compensation, the interest is to be paid from the date of accident because
the period of litigation is unknown to the parties. Some litigations are
disposed at the early stage and some at later stage. If interest is denied, it
will create inconsistency or anomaly amongst the workmen, which is
certainly not justifiable. Therefore, uniformity is to be followed for grant of
interest in all cases of compensation under the Employees Compensation
Act.
5. In order to maintain uniformity and by interpreting the
provisions constructively, this Court is of the opinion that interest is to be
paid as per Section 4-A(3)(a) from the date of accident and not from the
date of passing the Award or from the date of 30 days expiry from the date
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C.M.A.No.653 of 2015
of Award. Both the cases are erroneous and cannot be accepted at all.
6. The second respondent-Insurance Company is directed to pay
the difference amount of interest, within a period of twelve weeks from the
date of receipt of a copy of this judgment and on such deposit, the claimant
is permitted to withdraw the same after filing an appropriate application
before the Competent Authority and payments are to be made through
RTGS.
7. Accordingly, the Award dated 18.04.2009 passed in W.C.
No.240 of 2007 by the Deputy Commissioner of Labour-I, Chennai, stands
modified and consequently, Civil Miscellaneous Appeal No.653 of 2015
stands allowed in part. However, there shall be no order as to costs.
22-01-2021
Speaking Order/Non-Speaking Order.
Internet : Yes/No.
Index: Yes/No.
Svn
https://www.mhc.tn.gov.in/judis/
C.M.A.No.653 of 2015
To
The Deputy Commissioner of Labour-I,
Chennai.
https://www.mhc.tn.gov.in/judis/
C.M.A.No.653 of 2015
S.M.SUBRAMANIAM, J.
Svn
C.M.A.No.653 of 2015
22-01-2021
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