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Uttarakhand High Court · body

2013 DIGILAW 148 (UTT)

PUSHPA DEVI v. RAMESH

2013-03-18

B.S.Verma

body2013
JUDGMENT Hon’ble B.S.Verma, J. This appeal, U/S 30 of Workmen Compensation Act, 1923, has been preferred against the judgment and award dated 10-7-2008, passed by Commissioner, Workmen Compensation Uttarkashi in Workmen Compensation Case No.19 of 2006 Smt. Pushpa Devi and others Vs. The Oriental Insurance Company Ltd. and another. 2. This appeal has been admitted on the following substantial question of law framed in the memo of appeal- 1- Whether the appellants are also entitled to get 50% of penalty of amount of award according to section 4-A(3)(b) of the Act by not depositing the amount of award till date, while order of award passed on 10-7-2008 and in this regard the respondents in the knowledge of appellant not filed any appeal before this Hon’ble Court against the order dated 10-7-2008?, 2- Whether, the order dated 10-7-2008 passed by the Workmen’s Compensation Commissioner is unjustified for not directing to the respondents to deposit amount of award within one month and in failure the appellant are entitled to get 12% from the date of filing of application before court below?. 3. Since only controversy involved in this appeal is to the effect that whether the appellants/claimants are entitled to get 12% simple interest on the award money or not, therefore, detailed facts need not be noted in this judgment. 4. By a perusal of impugned award it reveals that the learned Commissioner has awarded a sum of Rs. 3,44,855/- to the claimants against the Oriental Insurance Company Ltd. and directed the insurance company to deposit the amount at the earliest. No interest has been awarded on the amount of compensation and it has been observed by the learned Commissioner that the amount of compensation is sufficient and the claimants are not entitled to interest from the date of presentation of the claim application. 5. The above finding of learned commissioner is against the provision of Workmen’s Compensation Act. The above controversy has been dealt with by Hon’ble Apex Court in the case of Kamla Chaturvedi Vs. National Insurance Company and others, reported in (2009) 1 Supreme Court Cases 487, wherein the Apex Court has held that the law laid down by National Insurance Company Ltd. Vs. The above controversy has been dealt with by Hon’ble Apex Court in the case of Kamla Chaturvedi Vs. National Insurance Company and others, reported in (2009) 1 Supreme Court Cases 487, wherein the Apex Court has held that the law laid down by National Insurance Company Ltd. Vs. Mubasir Ahmed and another, (2007) 2 SCC 349 , is not a good law and has held that the interest U/S 4-A(3) of the Act would be payable on the amount of compensation from the date of accident and not from the date of adjudication of the claim, as has been laid down in the case of Oriental Insurance Company Ltd. Vs. Siby George and others, passed in Civil Appeal No. 5669 of 2012 decided on 31-7-2012. This court in the case of New India Assurance CO. Ltd Vs. Smt. Kuntesh and another, reported in 2013 (1) U.D. 93, following the law laid down by Apex Court in the case of Kamla Chaturvedi (Supra), has held that the relevant date for the determination of the rate of compensation is the date of accident and not the date of adjudication of the claim. 6. In the instant case the learned Commissioner has not awarded interest as provided U/S 4-A(3) of the Act, therefore, the claimants are entitled to get interest on the amount of compensation @ 12% per annum from the date of accident till 2-3-2009 when the amount of compensation was deposited by the insurance company. 7. The substantial questions of law are answered accordingly. 8. Accordingly the appeal is allowed. The claimants/appellants are entitled to get interest on the amount of compensation, i.e. Rs.3,44,855/- @ 12% per annum from the date of accident till 2-3-2009, when the amount of compensation was deposited by the insurance company.