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2007 DIGILAW 2770 (MAD)

A. Chairmen v. A. Thirumeni & Another

2007-08-31

R.BANUMATHI

body2007
Judgment :- Aggrieved against the award of interest from the date of application and not from the date on which the compensation amount fell due, i.e. the date of accident, the claimant has preferred this appeal. 2. Heard Mr.U.M.Ravichandran for the appellant and Mr.N.Vijayaraghavan for the first Respondent. The factual background in a nutshell are as follows:- On 16.03.1999 at about 5.00 a.m. the appellant was driving lorry TDN 67 Z 1159, which belongs to the first Respondent in Udumalpet Road, Coimbatore District and when he applied brake during rainy time, the tyres of the lorry slipped and the vehicle dashed against a bridge and fell down from that bridge. In the said accident, the appellant sustained fracture and dislocation at right hand wrist, right elbow and the applicant also sustained grievous cut injuries, over the right ankle. That apart, the appellant has also sustained grievous injuries all over his body. The lorry was insured with the second respondent Insurance Company. Claiming compensation of Rs.2,00,000/-, under the Workmens Compensation Act, the appellant filed application before the Commissioner for Workmens Compensation. The Insurance Company resisted the claim Petition contending that the compensation amount claimed is excessive. 3. Before the Commissioner, the appellant examined himself as PW-1 and two doctors were examined as P.W.s 2 and 3. Doctors have spoken about the nature of injury sustained and that the appellant has suffered 30% total permanent disability. Doctors have also spoken that there is a restricted movement of right wrist of the appellant. 4. In consideration of the evidence and materials on record, the learned Commissioner has awarded compensation of Rs.59,864/-to be deposited within a period of thirty days from the date of order, failing which to pay interest @ 12% p.a. from the date of application. 5. The learned Counsel for the appellants contended that interest would accrue thirty days after the accident and not from the date of application or quantification of compensation. In support of his contention, the learned Counsel has placed reliance upon the Judgment of the Constitutional Bench reported in 1998 ACJ page 1 (SC) and other decisions. The learned Counsel has also drawn my attention to my decision reported in 2007 (3) TNLJ 358 [Marimuthuammal @ Marimuthu and another vs. M/s.R.P.P.Construction (P) Ltd., and another]. In the said Judgment after elaborate consideration of all the decisions, I have taken the following view: - "16. The learned Counsel has also drawn my attention to my decision reported in 2007 (3) TNLJ 358 [Marimuthuammal @ Marimuthu and another vs. M/s.R.P.P.Construction (P) Ltd., and another]. In the said Judgment after elaborate consideration of all the decisions, I have taken the following view: - "16. The Supreme Court and various High Courts have held that under Section 4-A(3), the workman becomes entitled to compensation as it falls due i.e. to say, on the date the injury is caused and not at any subsequent dates. In the present case, injuries were caused to the deceased workman on account of the accident on 12.01.1999. Immediately upon the injuries being caused resulting in death, compensation became due to the appellants within the meaning of Section 4-A(1) liability to pay interest would run from the date 30 days after the accident i.e. 11.02.1999. This is not kept under suspense or deferred until the determination made by the Commissioner under Section 19 of the Act. ... 21. In Pratap Narain Singh Deo v. Srinivas Sabata, [1976 ACJ 141 : 1976 TAC 348 (SC)], larger Bench of the Supreme Court has held that the employer is liable to pay compensation as soon as personal injury was caused to the workman by an accident, which arose out of and in course of the employment. In my view, Judgment of the larger Bench of the Supreme Court has to be followed. As Workmens Compensation Act is a social security legislation, various provisions of the Act ought to receive a liberal interpretation. Interest @ 12% is payable from 12. 1999 i.e. 30 days from the date of accident in which workman sustained injuries, resulting in death and to that extent, the order of the Commissioner is modified. 6. Point raised in this appeal is covered by my view in the above decision. Therefore, interest @ 12% from thirty days from the accident [date of accident - 16.03.1999] i.e. 15.04.1999 and to that extent, the order of the Commissioner is modified. 7. This appeal is partly allowed. It is held that the interest on the compensation amount of Rs.58,864/- is payable @ 12% p.a. from thirty days from the date of accident. Eight weeks time is granted for the respondent to deposit balance amount.