Shaik Riyas vs N.Chander And Anothers
2021 Latest Caselaw 648 Tel

    THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM

            CIVIL MISCELLANEOUS APPEAL No. 347 of 2014

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 as per the

judicial pronouncements prevailing at that point of time, the

Commissioner awarded interest @12% from one month after the

date of receipt of the order. 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: 02.03.2021

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