Israil Khan vs M.A. Raheem
2021 Latest Caselaw 1655 Tel

             THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM

              CIVIL MISCELLANEOUS APPEAL No.2805 of 2004


JUDGMENT:

This appeal is filed against the order dated 14.05.2004 passed by

the Commissioner, Workmen's Compensation, in W.C.Case No.215 of

2002 (NF).

Heard learned counsel for the appellant, and Sri Srinivas Rao

Vutla, learned counsel the respondent insurance company.

The only question which has been pressed for consideration is with

regard to the date of payment of interest.

Whatever may be the position prior to Oriental Insurance

Company v. Siby George1, finality was given by the Hon' ble Supreme

Court in Siby George (1 supra) with respect to the issue that the

compensation amount falls due and payable from the date of accident;

and this was in line with the judgment of Supreme Court in Pratap

Narain Singh Deo v. Srinivas Sabata2.

Though the compensation amount is due and payable from the

date of accident till the date of realisation, the liability to pay interest

arises only from one month of the date of accident till the date of

deposit. This is on account of Section 4A(3) of the Workmen's

Compensation Act, 1923.

Accordingly, the civil miscellaneous appeal stands disposed of. It

is made clear that wherever the compensation amount has been

deposited in pursuance of the orders of Commissioner, the payment of

interest shall be calculated from one month of the date of accident till the

(2012) 12 SCC 540

(1976) 1 SCC 289 date of deposit. No costs. Miscellaneous applications, if any pending,

shall also stand closed.

_____________________ CHALLA KODANDA RAM, J 16th June, 2021

ksm THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM

CIVIL MISCELLANEOUS APPEAL No.2805 of 2004

16th June, 2021

ksm