Pokala Sayamma R/O Marriguda M, ... vs M/S Venkata Ramana Bore Wells ...
2022 Latest Caselaw 5842 Tel

 THE HON'BLE SRI JUSTICE A. VENKATESHWARA REDDY

                     C.M.A.No.979 of 2008

JUDGMENT:

This Civil Miscellaneous Appeal is filed by the

applicant, assailing the order dated 30.11.2005 in

W.C.No.58 of 2005 on the file of the Commissioner for

Workmen's Compensation and Assistant Commissioner of

Labour at Nalgonda (hereinafter referred to as 'the

Tribunal').

2. W.C.No.58 of 2005 was filed by the appellant/

applicant claiming compensation against the opposite

party Nos.1 & 2 under Workmen's Compensation Act, 1923

(for short 'the Act'), the Tribunal has allowed the said

application and awarded an amount of Rs.2,71,137/- to

the applicant. However, the Tribunal has not awarded any

interest.

3. Feeling aggrieved by the same, this C.M.A. is

filed by the appellant/applicant stating that the Tribunal

has erred in not awarding interest at 12% per annum from

the date of accident till the date of realization.

AVR,J CMA No.979 of 2008

4. Heard learned counsel on both sides.

5. The learned counsel for the appellant/applicant

submits that in case of compensation awarded under the

Act, the Tribunal has to award interest and the applicant is

entitled for interest at 12% per annum and relied on the

principles relied on the following decisions:

i) Saberabibi Yakubbhai Shaikh and others Vs. National Insurance Company Limited and others1;

ii) Ajay Kumar Das and another Vs. Divisional Manager and another2; and

iii) P. Meenaraj Vs. P. Adigurusamy and another3.

6. Per contra, the learned counsel for the

respondent/opposite party No.2-Insurance Company would

submit that no jurisdictional error is committed by the

Tribunal and the appellant/applicant is not entitled for

interest.

(2014) 2 SCC 298

2022 ACJ 1004

2022 ACJ 1001

AVR,J CMA No.979 of 2008

7 (i). In Saberabibi Yakubbhai Shaikh's case (1st

supra), the Apex Court while applying the principles held

in Oriental Insurance Company Limited v. Siby George4

held that under the Act the applicant is entitled for interest

at 12% per annum from the date of accident.

7 (ii). In Ajay Kumar Das's case (2nd supra) also while

referring the principles laid in Siby George's case (4th

supra) and Saberabibi Yakubbhai Shaikh (1st supra), the

Apex Court has held that the compensation with interest

would fall due from the date of accident.

7 (iii). Further in P. Meenaraj (3rd supra), the Apex

Court has reiterated that the applicant is entitled to

interest from the date of accident while rejecting the

submission that the award of interest should be after

expiry of 30 days from the date of accident.

8. Thus, the principles consistently laid down by

the Apex Court shows that the applicant under the Act is

entitled for interest from the date of accident, whereas in

(2012) 12 SCC 540

AVR,J CMA No.979 of 2008

the case on hand, the Tribunal has not awarded any

interest to the applicant. Therefore, while relying on the

principles laid in the above decisions, I hold that the

appellant/applicant is entitled for interest. Accordingly,

the order impugned is modified directing that both the

opposite party Nos.1 & 2 in W.C.No.58 of 2005 are jointly

and severally liable for payment of the said amount of

Rs.2,71,137/- towards compensation to the applicant with

interest at 12% per annum from the date of accident dated

30.01.2005.

9. Be it stated that W.C.No.58 of 2005 was filed by

the applicant, who is the mother of deceased-workman viz.,

Sri Pokala Ramesh, who was working under the

employment of opposite party No.1 on Borewell Rig bearing

No.AP-20J-8568 and the said vehicle was insured with

opposite party No.2-Oriental Insurance Company Limited.

The Tribunal has allowed W.C.No.58 of 2005 and awarded

compensation of Rs.2,71,137/- directing both the opposite

party Nos.1 & 2 to deposit the said amount within 30 days

from the date of receipt of copy of order. However, in view

AVR,J CMA No.979 of 2008

of the principles laid by the Hon'ble Supreme Court in the

above decisions, the opposite party Nos.1 & 2 are directed

to pay the said amount of Rs.2,71,137/- awarded by the

Tribunal with interest at 12% per annum from the date of

accident dated 30.01.2005.

10. With the above modification as to the payment

of interest at 12% per annum on the amount of

Rs.2,71,137/- from the date of accident, the order dated

30.11.2005 in W.C.No.58 of 2005 passed by the

Commissioner for Workmen's Compensation and Assistant

Commissioner of Labour at Nalgonda is hereby confirmed.

The Civil Miscellaneous Appeal is accordingly allowed. The

appellant is entitled for withdrawal of compensation

amount deposited together with interest as indicated

above. However, in the circumstances of the case, there

shall be no order as to costs.

Miscellaneous Applications, if any pending in this

appeal, shall stand closed.

_________________________________ A. VENKATESHWARA REDDY, J.

Date: 15 .11.2022 Isn