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2018 DIGILAW 1506 (MAD)

K. Srivaraman (Senior Citizen) v. R. Y. Babu, The Manager, M/s. Reliance General Insurance Company Ltd. , Coimbatore

2018-04-24

S.VIMALA, T.KRISHNAVALLI

body2018
JUDGMENT : 1. This contempt petition has been filed seeking to punish the respondent for having willfully disobeyed the orders of this Court made in CMA(MD)No.1134 of 2016, dated 01.06.2017. 2. The petitioners herein, originally filed petition before the Deputy Commissioner for Workmen Compensation, Madurai, seeking compensation for the death of their son Dinesh Kumar. The learned Deputy Commissioner, directed the 2nd respondent therein to deposit Rs.4,33,060/- together with 12% interest from the date of the accident. 3. The petitioners filed CMA(MD)No.1134 of 2016 seeking enhancement of compensation. In the CMA, order was passed directing the 2nd respondent to pay Rs.8,86,120/- to the petitioners with interest @ 12% per annum from the date of accident i.e., from 31.01.2008. 4. It is seen from the records that already the respondent has deposited Rs.4,33,060/- before the learned Deputy Commissioner, on 18.04.2016 and the same was received by the petitioners. 5. This Court has carefully perused the calculation memo filed by the petitioners and the respondent/contemnor. 6. The main contention of the petitioners is that they have not paid interest for Rs.4,33,060/- deposited by the respondent from the date of the accident i.e., from 31.01.2008 till the date of deposit i.e., on 18.04.2016. 7. The petitioners filed CMA(MD)No.1134 of 2016 and as per order passed in the CMA, now the respondent herein deposited Rs.14,13,547/-. But the petitioners contended that they are entitled to interest for Rs.8,86,120/- from 31.01.2008 to 02.12.2017 and for Rs.4,33,060/-, they are also entitled to Rs.5,14,404/- towards interest from 31.01.2008 to 21.12.2017. But the above calculation was disputed by the respondent. 8. It is admitted on the side of the petitioners that the respondent had already deposited Rs.4,33,060/- on 18.04.2016. However, in CMA(MD)No.1134 of 2016, this court ordered that the petitioners are entitled to Rs.8,86,120/- from the date of the accident i.e., from 31.01.2008. 9. In the calculation memo filed by the respondent, it is stated that interest is calculated for the compensation amount of Rs.8,86,120/- from 31.01.2008 to 18.04.2016 at Rs.8,74,723/-. The respondent has already deposited Rs.4,33,060/- in the Court and further, the respondent calculated interest for the remaining amount of Rs.4,53,060/-, between the period 19.04.2016 and 31.07.2017, which comes to Rs.69,858/-. Hence, the total amount was arrived at Rs.13,97,191/-. For that, the respondent paid Rs.12,21,449/- on 07.12.2017. After deducting Rs.1,92,098/- towards TDS, the respondent deposited Rs.14,13,547/-. 10. The respondent has already deposited Rs.4,33,060/- in the Court and further, the respondent calculated interest for the remaining amount of Rs.4,53,060/-, between the period 19.04.2016 and 31.07.2017, which comes to Rs.69,858/-. Hence, the total amount was arrived at Rs.13,97,191/-. For that, the respondent paid Rs.12,21,449/- on 07.12.2017. After deducting Rs.1,92,098/- towards TDS, the respondent deposited Rs.14,13,547/-. 10. The petitioners are entitled to interest from 31.01.2008 to 18.04.2016 for the amount of Rs.8,86,120/- and Rs.4,33,060/- was received by the petitioners. For the amount of Rs.8,86,120/-, interest was already calculated and hence, the petitioners are not entitled to interest for the amount of Rs.4,33,060/- separately. 11. Further, for the period from 19.04.2016 to 31.07.2017 for the remaining amount of Rs.4,53,060/- (Rs.8,86,120/- - Rs.4,33,060/-), the respondent has calculated the interest, which comes to Rs.69,858/-. Hence, the petitioners are entitled to Rs.13,97,191/- (Rs.9,44,131/- + Rs.4,53,060/- ). Hence, the calculation filed by the respondent is correct. As no amount is payable to the petitioner, the question of contempt does not arise. 12. In fine, the Contempt Petition is dismissed. Consequently, connected Sub Applications are closed.