Madras High Court
Sakthivel vs R.Shanmugavel on 29 January, 2021
C.M.A.No.3600 of 2013
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 29.01.2021
CORAM:
THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI
C.M.A.No.3600 of 2013
Sakthivel,
S/o.Ariyaputhiran. .. Appellant
Vs.
1.R.Shanmugavel,
S/o.Ramachandran.
2.The United India Insurance Company Ltd.,
NO.488 and 489, Sarguru Complex,
Nandanam,
Annasalai,
Chennai - 600 035.
.. Respondents
PRAYER : Civil Miscellaneous Appeal is filed under Section 30 of the
Workmen Compensation Act, to set aside the award dated 09.07.2012, made
in W.C.No.34 of 2009, on the file of the Deputy Commissioner of Labour-II,
Chennai.
For Appellant : M/s.M.Malar
For Respondents : Mr.C.Paranthaman for R1
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C.M.A.No.3600 of 2013
JUDGMENT
The appellant herein filed W.C.No.34 of 2009, claiming compensation
from the respondents for the injuries sustained by him, due to the accident
happened on 08.06.2008, while he was serving under first respondent. The
second respondent herein, is the Insurance Company under whom the first
respondent vehicle was insured before the Deputy Commissioner of
Labour-II, Chennai, the second respondent contested the case. After full
trial, the Commissioner of Workmen Compensation, Chennai, awarded
compensation of Rs.74,873/- by directing the second respondent therein to
pay the said amount within a period of 30 days, failing which, interest at the
rate of 12% from the date of the accident till realisation should be paid.
3. Aggrieved by the said award, the petitioner preferred this appeal.
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C.M.A.No.3600 of 2013
4. The appellant preferred appeal on the following grounds:
(i) Deputy Commissioner of Labour-II, without considering the loss of
earning capacity as 100% imposed the lesser award, which is against law;
(ii) The Commissioner of labour failed to fix the monthly salary of
Rs.56,000/- and erroneously fixed Rs.4,000/- per month, while calculating the
income of the injured;
(iii) The Commissioner of Labour also erred in fixing the disability
and erroneously fixed 50% instead of 20%. Further, interest was not awarded
from the date of the accident and in default of deposit alone, he imposed
interest, which is unsustainable.
5. On a perusal of records, it is seen that on the side of the
petitioner/appellant, P.W.1 and P.W.2 were examined and on the side of the
respondent, R.W.1 was examined and exhibits Ex.P.1 to Ex.P9 and Ex.R.1
and R2 was marked before the trial Court.
6. At the time of the arguments, the learned counsel for the appellant
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C.M.A.No.3600 of 2013
restricted her claim with regard to the interest portion alone. In fact, on
perusal of the records, the Commissioner of Labour after full enquiry rightly
assessed the disability of the petitioner/appellant and also fixed the income,
whereby, arrived the award amount, according to the legal proposition which
calls for no interference by this Court.
7. But, while awarding the interest, in default only, he granted
interest at the rate of 12%, which was strongly objected by the appellant
herein.
8. Under Section 4(A) of the Workmen Compensation Act, injured is
entitled for the interest if employer defaults in paying compensation due. In
the instant case amount was not deposited, within four weeks as directed by
the Deputy Commissioner of Labour, Chennai. Hence, the petitioner is
entitled for simple injuries at the rate of 12% from the date of accident till
passing of the decree with subsequent interest at the rate of 6% till
realisation.
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C.M.A.No.3600 of 2013
9. Accordingly, the Civil Miscellaneous Appeal is partly allowed and
the other findings remain confirmed. No Costs.
29.01.2021
ub
Index : Yes/No
Speaking Order: Yes/No
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C.M.A.No.3600 of 2013
T.V.THAMILSELVI,J.
ub
C.M.A.No.3600 of 2013
29.01.2021
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C.M.A.No.3600 of 2013
CMA.No.3600 of 2013
T.V.THAMILSELVI, J.
Today, the matter is listed under the caption “for being mentioned” at
the instance of learned counsel for the petitioner.
2. Heard learned counsel for the petitioner.
3. Considering the submissions made, this Court directs as
follows:
Paragraph No.8 of the order dated 29.01.2021, passed in
CMA.No.3600 of 2013, shall be read as:
" 8. Under Section 4(A) of the Workmen Compensation
Act, injured is entitled for the interest if employer
defaults in paying compensation due. In the instant
case amount was not deposited, within four weeks as
directed by the Deputy Commissioner of Labour,
Chennai. Hence, the petitioner is entitled for simple
injuries at the rate of 12% from the date of accident till
passing of the decree with subsequent interest at the rate
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C.M.A.No.3600 of 2013
of 12 % till realisation. ."
T.V.THAMILSELVI, J.
ub
4. Registry is directed to carry out necessary corrections and
issue fresh order copy.
29.03.2021
ub
CMA.No.3600 of 2013
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