Syed Yaseen vs Ahmed Khan And 2 Others
2021 Latest Caselaw 1046 Tel

    THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM

            CIVIL MISCELLANEOUS APPEAL No. 597 of 2004

JUDGMENT:

There is no dispute with regard to the facts.

Learned counsel for the appellant-applicant submits that

grievance of the appellant is only with respect to the interest not

being granted by the Commissioner for Workmen's

Compensation and Assistant Commissioner of Labour,

Nizamabad, 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 the

Commissioner directed the respondents to deposit the

compensation within 30 days, but did not award any interest. In

this connection, it is to be noted that 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. Further, this Court in its order dated

04.12.2015 in CMA.No.871 of 2015 held that the

appellant/claimant is entitled to interest @12% per annum from

the date of accident till the date of realization. However, the

(2012) 12 SCC 540

(1976) 1 SCC 289

AIR 1999 SC 3502

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.

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 31th MARCH, 2021.

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