P.Venkateshwar Goud , Venkatesham Goud v. Chakradhar And ANR
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD THURSDAY, THE TWENTY FOURTH DAY OF IVARCH TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRI JUSTTCE M.LAXMAN CIVIL MISCELLANEOUS APPEAL NO. 589 OF 2011 Appeal filed Under Section 30 of Workmen's Compensation Act, to modify the order dated 25.02.2011 in W.C.No.SO of 2003 on the file of the Commissioner for Workmen's Compensation and Deputy Commissioner of Labour at Nizamabad. Between:
P.Venkateshwar Goud @ Venkatesham Goud, S/o.Kista Goud, aged 37 Years' Occ: Ex-LorryDriver, R/o.Yellareddy [V] & [lt/], Nizamabd District. ...AppellanUClaimant.
AND Chakradhar, S/o.Ramkishan, Aged Major, Occ: Lorry Owner, Rl/o.H.No.3-4-3, Yellareddy [r/], Nizamabd District, A.P.
United ln<iid Assurance Co., Ltd, rep. by Branch Manager, H.No.1-1 1-12111, Station Road, Kamareddy, Nizamabad District, A.P.
...Respondents/Respondents.
l.
2.
Counsel for the Appellant: M/s. K.Sarala Mahender Reddy. Counsel for Respondent No.1: Sri Y.S.Yella Nand Gupta. Counsel for Respondent No.2: Sri N.J.Sunil Kumar The Court made the following: ORDER
) CMA 589 of20l1 t'
I Order instead of date of accident as held by the Hon'ble Apex Court in Saberabibi Yakubbhai Shaikh's case (supra). '12. In the light of the above Juclgment of Hon'ble Apex Court, cited supra, the claimant is awarded 12 % interest per annum from the clate of acciden! on the compensation amount till the date of realization. "13. The other contention of the learned counsel for the Insurance Company is that there is doubt over the disability certificate on account abnormal delay in producing the same. This Court would have considered the above contention, if cross-objections are filed by the Insurance company, since there is no cross-objections, the Insurance Company cannot agitate on this aspect, here. Therefore the I l I said contention is rejected.
14. The total compensation awarded is as follows: Rs.3,500/- X 60/100 X 60/100 X 207.98 = Rs.2,62,054.8
CMA 589 of20l I Rs.2,37,72'1.L4 Rs.24,333.66/- which is rounded off to Rs,24,334/-. The balance to be paid is Rs.24,334/-, therefore, the respondents are liable to pay such amount.
15. In the result, this Civil Miscellaneous Appeal is partly allowed. The compensatiorl awarded by the Commissioner is enhanced from Rs.2,37,721,/ - to Rs.2,62,054/-. The respondents are directed to pay @ 12% per annum interest from the date of accident excluding 30 days till the date of realization. In the circumstances, no costs.
Miscellaneous petitions, if any, pending in this Civil Miscellaneous Appeal, shall stand closed.
SD/.B.S.CHIRANJEEVI JOINT REGISTRAR //TRUE COPY// q \ SECTION OFFICER To, The Commissioner for Workmen's Compensation and Deputy Commissioner of Labour at Nizamabad. (with record) One CC to [t//s. K.Sarala tr,4ahender Reddy, Advocate [OPUC] One CC to Sri Y.S.Yella Nand Gupta, Advocate IOPUC] One CC to Sri N.J.Sunil Kumar, Advocate [OPUC] Two CD Copies One Spare Copy V o JCK
HIGH COURT DATED: 2410312022 ( 1t\€sr.1rc ''-1'Z c'l,\ f o 1 4 Jl]t ?[27 k FAiCT
JUDGMENT
CMA.No.589 of 2011 PARTLY ALLOWING THE C.M.A.
't2
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD THURSDAY, THE TWENTY FOURTH DAY OF MARCH TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRI JUSTICE M.LAXMAN CIVIL MISCELLANEOUS APPEAL NO. 589 OF 2011 Between:
FVenXatesfrwar Goud @ Venkatesham Goud, S/o.Kista Goud, aged 37 Years, Occ: Ex-Lorry Driver, Rio--Yellareddy [V] & [tt/], Nizamabd District. ...AppellanUClaimant.
AND Chakradhar, S/o.Ramkishan, Aged Major, Occ: Lorry Owner, R/o.H.No'3-4-3' Yellareddv IMl. Nizamabd Dsitrict, A.P.
UniteO inriiiAssrtanc"Co., Ltd, iep. byBranch Manager, H.No.1-1 1-12111 , Station Road, Kamareddy, Nizamabad District, A P. ... ResPondents/ResPondents.
) Appeal filed Under Section 30 of Workmen's Compensation Act, to modify the order dated 25.02.2011 in w.c.No.So 0f 2003 0n the file of the commissioner for Workmen's Compensation and Deputy Commissioner of Labour at Nizamabad' This appeal coming on for hearing and upon perusing the grounds of appeal, the order and the material papers in the case and upon hearing the arguments of M/s. K.Sarala Mahender Reddy, Advocate for the Appellant and Sri Y.S.Yella Nand Gupta, Advocate for the Respondent No.1 and of Sri N.J.Sunil Kumar, Advocate for the Respondent No.2.
This Court doth Order and Decree as follows:
1. That this Appeal be and hereby is partly allowed.
2. that the amount of Rs.2,37,721l- as awarded is be and hereby enhanced to Rs. 2,62,0541 (Rupees two lakhs sixty two thousand and fifty four only).
3. that the respondents are directed lo pay @12o/o per annum interest from the date of accident excluding 30 days till the date of realization; and
4. that there shall be no order as to costs in this Appeal. SD/-B.S.CHIRANJEEVI JOTNT REGISTRAR //TRUE COPY// & SECTION OFFICER To, 1 . The Commissioner for Workmen's Compensation and Deputy Commissioner of Labour at Nizamabad.
2. fwo CD Copies
3. One Spare Copy
HIGH COURT DArED:2410312022 DECREE Ctt/A.No.589 of 201'1 PARTLY ALLOWING THE C.M.A w