Madras High Court
Tmt.Mariammal vs K.Krishnakumar on 4 March, 2021
C.M.A.No.596 of 2017
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 04.03.2021
CORAM:
THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI
C.M.A.No.596 of 2017
Tmt.Mariammal
.. Appellant
Vs.
1.K.Krishnakumar
2.National Insurance Company Limited,
No.751, Annasalai,
III Floor, Chennai - 600 002.
3.V.Saraswathy
.. Respondents
PRAYER : Civil Miscellaneous Appeal is filed under Section 30 of the
Workmen's Compensation Act, praying to set aside the award dated
25.11.2013 and made in W.C.No.142 of 2010, on the file of the Deputy
Commissioner of Labour - II, Chennai.
For Appellant : M/s.Malar
For Respondents : No Appearance for R1
M/s.R.Sree Vidhya for R2
1/6
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C.M.A.No.596 of 2017
JUDGMENT
The appellants herein is the petitioner in W.C.No.142 of 2010,
filed this petition claiming compensation for the fatal death of his son, while
he was employed as a driver under the first respondent lorry bearing
registration No.TN-01K-2835. On 22.09.2009 at about 1.30 a.m., the said
lorry met with an accident and he died due to the injuries sustained by him.
The vehicle was insured with 3rd respondent. So, she claimed compensation
from the respondents.
2. After full trial, the learned Deputy Commissioner of Labour-
II, Chennai, awarded compensation. But, with regard to the interest, it was
ordered that if the respondent failed to deposit the amount, she can claim
interest after 30 days from the default deposit. Aggrieved by the interest
portion alone, the petitioner has preferred this appeal.
3. Point for Consideration:
Whether the Commissioner of Labour has erred in
awarding the interest only if the Insurance Company failed to
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C.M.A.No.596 of 2017
deposit the amount within 30 days from the date of the order
without ignoring the right of the claimant that he is entitled for
interest of the award from the date of the accident?;
4. The learned counsel for the appellant submits that Section
4A(1) of the Workmen Compensation Act, permits the claimant to get
interest from the date of the accident, but the Commissioner of Labour, while
awarding the claim granted interest only if the Insurance Company fails to
deposit the amount within 30 days, which is against the provisions of law as
discussed above.
5. The last paragraph of the impugned award reads as follows:
; bjhif U:/.4,50,500/- I
vdnt nkw;Fwpj;j ,Hg;gPlL
(U:gha; ehd;F yl;rj;J Ik;gjhapuj;J IEhW kl;Lk;) I tHf;fpd;
,uz;lhtJ vjph;kDjhuuhd nec%dy; ,d;R{ud;!; fk;bgdp ypl;/ vz;/751.
mz;zhrhiy. 3tJ jsk;. brd;id=2 vd;w epWtdk; ,t;thiz
fpilf;fg;bgw;w 30 ehl;fSf;Fs; The Deputy Commissioner of
Labour - II, Chennai - 6 vd;w bgahpy; vLf;fg;gl;l tiunthiy
K:yk; ,e;ePjpkd;wj;jpy; itg;gPL bra;a ntz;Lk; vdt[k.; jtWk; gl;rj;jpy;
1976 (1) SCC 289 in Pratap Narain Singh Dao Vs.Sreenivas
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C.M.A.No.596 of 2017
Sabata and another & 2000 ACJ page 5 (SC) Kerala State
Electricity Board Vs Valsala Mfpa tHf;Ffspy; cr;r ePjpkd;wk;
mspj;Js;s jPh;g;g[fspd; mog;gilapy;. rk;gtk; eilbgw;w njjpahd 22-23-
09-2009 ypUe;J bjhl';fp 30 ehl;fSf;F gpd; nkw;fz;l ,Hg;gPl;L
bjhif ,e;ePjpkd;wj;jpy; itg;gPL bra;ag;gLk; ehs;tiuapyhd fhyj;jpw;F
,Hg;gPL bjhif kPJ 12% rhjhuz tl;oa[k; nrh;j;J tR{ypf;fg;gLk; vd
cj;jutpLfpnwd;.
6. On perusal of the award passed by the learned Deputy
Commissioner of Labour-II, Chennai, it reveals that in default payment alone,
he granted interest.
7. The learned counsel for the 2nd respondent submitted that the
Commissioner of Labour rightly awarded the interest and raised his
objections with regard to the claim made by the appellant.
8. But, as per Section 4-(A)(2) of the Workmen Compensation
Act, the employer is bound to make provisional payment based on the extent
of liability, and he accepts the same as per Section 4-(A)(1) of Act,
compensation under Section 4 shall be paid as soon as it falls due. A
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C.M.A.No.596 of 2017
combined reading of said provision makes it clear that an employer is bound
to make even provisional payment also as soon as it falls due. The words as
soon as means, immediately after the accident, in which the workmen
sustains injuries or dies. However in the ratio laid down in 2010(2) TN MAC
80 DB consonance with the ratio laid down by the Larger Bench of Hon'ble
Supreme Court of India reported in Pratap Narain Singh Deo v.Srinivas
Sabata and another, 1976 (1) SCC 289 and Kerala State Electricity Board
v. Valsala,K., 2000 ACJ 5 (SC) held interest on compensation payable after
30 days from the date of accident.
9. As discussed above, it is very clear that the claimant is
entitled to the interest on the amount of compensation with effect from the
date of accident. Therefore, the appeal is allowed, the 2nd respondent is
directed to pay the interest at the rate of 12 % per annum, after 30 days from
the date of the accident till the date of realization as the award amount. The
amount shall be deposited within a period of four weeks from the date of
receipt of a copy of the judgment.
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C.M.A.No.596 of 2017
T.V.THAMILSELVI,J.
ub
10. With regard to other findings, the order passed by the
learned Deputy Commissioner of Labour-II, Chennai, is confirmed.
Accordingly the appeal is allowed. No Costs.
04.03.2021
ub
Index : Yes/No
Speaking Order: Yes/No
C.M.A.No.596 of 2017
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