The United India Insurance ... vs Bethi Madhava Reddy And 2 Others
2021 Latest Caselaw 2945 Tel

              THE HON'BLE Dr. JUSTICE G. RADHA RANI

         CIVIL MISCELLANEOUS APPEAL No.1182 of 2005

JUDGMENT:

This appeal is filed against the order dated 18.11.2004 passed

by the Commissioner for Workmen's Compensation and Assistant

Commissioner of Labour, Karimnagar (for short 'Commissioner') in

W.C. No.8 of 2003. The appellant is the Insurance Company, which

was the Opposite Party No.2 while the respondents were the

applicants and the insured - Opposite Party No.1.

2. The Commissioner passed the award directing the opposite

parties 1 and 2 to deposit an amount of Rs.2,96,272/- with interest at

12% per annum under Section 4-A(3) of the Amendment Act, 30th

August, 1995 excluding Advocate's fee. He directed the interest to be

calculated after thirty (30) days of accident till the date of deposit of

the amount by referring to the citation of Ved Prakash Garg v.

Premidevi & Others1 and Nanu v. Ghouse Mohinuddin2.

3. Heard the learned counsel for the appellant.

4. Learned counsel for the appellant contended that the

Commissioner failed to apply the rule of law in awarding interest, but

during the course of hearing, the learned counsel fairly conceded that

the interest was awarded as per the provisions of law and as per the

(AIR 1997 SC 385)

(2004 (5) ALD 48)

judgment of the Hon'ble Apex Court in Oriental Insurance

Company v. Siby George3.

5. In view of the said submission of the learned counsel for the

appellant and considering the above judgment of the Hon'ble Apex

Court and also as the interest is awarded in terms of Section

4-A(3)(a) of the Workmen's Compensation Act, 1923, one month

after the date of accident, I do not find any merits in the appeal and

hence, it is liable to be dismissed.

6. Accordingly, the appeal is dismissed with costs.

Miscellaneous Petitions pending, if any, shall stand closed.

_____________________ Dr. G. RADHA RANI, J Date:22.10.2021

KTL

(2012 (12) SCC 540)