Rathla Soni v. N. Chander

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD THURSDAY, THE ELEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY ONE PRESENT THE HONOURABLE SRI JUSTICE CHALLA KODANDA RAM C.M,A. NO: 307 OF 2014 Appeal under Section 30 of W.C.Act, against the Judgmenti decree tn W.C.No.461 of 2003 NF dated 2210812012 on the file of the Court of the Commissioner of Employees Compensation -cum- Deputy Commissioner of Labour, Nizamabad. Between:

Rathla Soni, W/o. Panthulya Occ: Labour Rl/o. Vinayaknagar Nizamabad ...APPELLANT/ PETITIONER AND

1. N.Chander, S/o. Vittal Owner of Tractor bearing No. AP-25-G-7712 and Trolley bearing No. AP - 25-D-4557, R/o. Pothangal ( Shiva Thanda ) Navipet l\,4andal, Dist. Nizamabad

2. The New lndia Assurance Company Limited, Through its Divisional I\,4anager Divisional Office Opp. Z.P. Office Subhashnagar Nizamabad (Respondent No.'1 is not a necessary party as the entire compensation amount is deposited by the Respondent No.2 before the tribunal below) ...RESPONDENTS/ RESPONDENTS t For the Appellant : SRI T.V.KALYAN SINGH, Advocate For the Respondent No.1 : NOT NECESSARY PARTY VIDE G.T. For the Respondent No.2 : SMT P.SAWA MANJULA, Advocate The Courl delivered the following: JUDGIVENT

THE HON'BLIi SRI JUSTICE CHALLA KODANDA RAM CIVILNIISCELL ANEoUS AP PEAL No. 301ol 2014 JUDGMENT:

In spite of notice received' there is no appearance for the second respondent Insurance Company' As this matter requires assistance ofthe learned counsel, this Court had sought assistance of Sri A. Ramakrishna Reddy, learned counsel representing before this Court regularly in relation to these matters' There is no dispute with regard to the facts' Learned counsel for the appellant submits that grievance of the appellant is only with respect to the interest not being granted from the date of the accident till the date of pa1'ment' in the light of the judgment of the Apex Courl in Oriental Insurance CompanY Limited v' SibY Georgel'

A perusal ofthe order under appeal discloses that as per the judicial pronouncements prevailing at that point of time' the Commissioner awarded interest @12% from one month after the date of receipt of the order' Though the Commissioner directed the respondents to deposit the compensation within 30 days from the date of receipt of the order' failing which' it should carry interest @12% per anllul11, the Hon'ble Supreme Court in Siby George (1 supra), while referring to the judgments in Pratap ' (20 t2) 12 scc 540

C(R, J C.M.A.No.307 of 20l4 Narain Singh Deo v. Srinivas Sabata2 and Kerala State Electricity Board v. Valsala3, held that the interest is payable from the date of the accident. However, the liability to pay interest arises only after one month from tl.re date of the accident in view of Section a-A(3)(a) olthe Workmen's Compensarion Act, 1923. In those circumstances,, this appeal is allowed modifying the order under appeal to the effect that the appellant is entitled to interest @12% per annum after one month from the date of the accident till the date of realization.

Miscellaneous applications, if any pending, shall stand closed. There shall be no order as to costs.

atrszo)1 scc 2Bg r AtR 1999 sc 3502 Sd/-K.SREENIVASA RAO JOINT REGIST R \ ,TRUE COPY// SECTION OFFICER To :1.

The Commissioner for Employees Compensation -cum- Deputy Commissioner of Labour. Nizamabad. (with records) One CC to Sri T.V.Kalvan Singh. Advocate (gly9l { '2.

l.l l+ :Kj One CC to Smt P.Satya lr,4anjula, Advocate (OPUU) Two CD CoPies I I I T I I

H COURT IG TED:1110212021 :

:

IA S n .-.

I 0I I'4AR 202,t o.J * J

JUDGMENT

CMA.No.307 of 2014 t.:

:l I I I ALLOWING THE CMA WITHOUT COSTS.

:, ?A74