The New India Assurance Company ... vs Smt. Duggi Jayamma And 4 Others
2021 Latest Caselaw 3440 Tel

     THE HONOURABLE SMT. JUSTICE P. MADHAVI DEVI


                CIVIL MISCELLANEOUS APPEAL
                     NOs.456 AND 461 OF 2007


                      COMMON JUDGMENT


      Civil Miscellaneous Appeals No.456 and 461 of 2007 are filed

against the awards dt.20.02.2007 passed by the Commissioner for

Workmen's Compensation and Assistant Commissioner of Labour-1,

Hyderabad in W.C.No.113 of 2004 and W.C.No.112 of 2004

respectively.


2.    The grounds raised by the insurance company, Opposite Party

No.2, in these two cases are that the death of the deceased was not in

the course of employment and that the deceased were responding to

natural calls on railway tracks at the time of the accident and as such

their death is not in the course of the employment as defined under the

Workmen's Compensation Act. It is also urged that the Commissioner

has erred in granting interest @ 12% per annum on the amount of

compensation from the date of the accident and further awarding

interest at the rate of 12% per annum on the awarded amount if the

award is not satisfied within 30 days thereof.


3.    The learned counsel for the appellant reiterated the submissions

made before the Commissioner.
                                        2


4.        Having regard to the rival contentions, this Court finds that it is

not in dispute that the deceased in the accident were both driver and

cleaner of the lorry owned by Opposite Party No.1/respondent No.6 in

C.M.A.No.456 of 2007 and respondent No.5 in C.M.A.No.461 of

2007 respectively and while on journey, they had stopped on the way

to attend to nature call. Hence, the accident is in the course of their

employment only. As regards the date from which interest is payable,

this Court finds that the Hon'ble Supreme Court of India in case of

Oriental Insurance Company Limited Vs. Siby George and

others1 has held that the employer's liability to pay compensation

arises on the date of injury which is caused to the workman by

accident which has arisen out of and in the course of employment and

interest thereon becomes due when there is default in payment of

compensation. It was further held that the reasons for default are

immaterial and where there is delay without justification, the

employer is also liable to pay penalty.

5. Respectfully following the above decision of the Hon'ble

Supreme Court of India, this Court holds that there is no cause for

interference in the impugned awards of the Commissioner.

6. Accordingly, the Civil Miscellaneous Appeals are dismissed.

No order as to costs.

(2012) 12 SCC 540

7. Pending miscellaneous petitions, if any, in these CMAs shall

also stand dismissed.

___________________________ JUSTICE P. MADHAVI DEVI

Date: 12.11.2021 Svv