Gouli Shivaji vs Shaik Mahboob Another
2021 Latest Caselaw 2096 Tel

    THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM

            CIVIL MISCELLANEOUS APPEAL No. 457 of 2011

JUDGMENT:

There is no dispute with regard to the facts.

Learned counsel for the appellant submits that grievance of

the appellant is only with respect to the interest not being granted

from the date of the accident till the date of payment, in the light

of the judgment of the Apex Court in Oriental Insurance

Company Limited v. Siby George1.

A perusal of the order under appeal discloses that though

the Commissioner directed the respondents to deposit the

compensation within 30 days from the date of receipt of the

order, failing which, it should carry interest @12% per annum,

the Hon'ble Supreme Court in Siby George (1 supra), while

referring to the judgments in Pratap Narain Singh Deo v. Srinivas

Sabata2 and Kerala State Electricity Board v. Valsala3, held that

the interest is payable from the date of the accident. However, the

liability to pay interest arises only after one month from the date

of the accident in view of Section 4-A(3)(a) of the Workmen's

Compensation Act, 1923.

(2012) 12 SCC 540

(1976) 1 SCC 289

AIR 1999 SC 3502

In those circumstances, this appeal is allowed modifying

the order under appeal to the effect that the appellant is entitled to

interest @12% per annum after one month from the date of the

accident till the date of realization.

Miscellaneous applications, if any pending, shall stand

closed. There shall be no order as to costs.

_________________________ CHALLA KODANDA RAM, J Dt: 13.07.2021

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