G.Srinivas Rao v. Sri Syed Aleem And Another
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD TUESDAY, THE NINTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY ONE PRESENT THE HONOURABLE SRI JUSTICE CHALLA KODANDA RAM C.M.A. NO: 863 OF 2011 Appeal filed Under section 30 of workmen's compensation Act against the order dated 02.06.2003 made in w.c.No.300 0f 2003 0n the file of the commissioner for workmen compensation and Deputy commissioner of Labour at Nizamabad. Between:
G.SrinivasRao.S/oG'HanmanthRao'ExDriverofJeep'R/oH.No.2-85l2, Amberpet Village, Domakonda Mandal, Nizamabad' ...APPELLANT/ APPELLANT AND '1 . SRI Sved Aleem, S/o Sved Rahman, age major, Owner of Jeep No' AIM 338' nyo.fl]r.to.t -29, Machapbor Village, Yellareddy Mandal' 2.TheNewlndiaAssurancecompanyLimited,Rep.byitsDivisionalManager, Divisional Office, Subashnagar, Nizamabad '
...RESPONDENTS/OPPOSITE PARTIES Counsel for the Appellant: SRl. LAKKADI DAYAKER REDDY Counsel for the Respondent No.2: Sri. T' RAMULU Counsel for the Respondent No.1: None appeared The Court delivered the following: JUDGMENT
THE HON'BLE SRI ]USTICE CHALLA KODANDA RAM CIVIL MISC LLANEOUS APPEAL No.863 of 2011 ,]UDGMENT This appeal is filed against the order dated 02.06.2011 passed by the Commissioner, Workmen's Compensation, in W.C.No.300 of 2003 NF. Heard learned counsel for the appellant, and Sri T. Ramulu, learned Standing Counsel for the respondent.
The only question which has been pressed for consideration is with regard to the date of payment of interest.
Whatever may be the position prior to the judgment of Hon,ble Supreme Court in Oriental Insurance Company v, Siby Georgel, finality was given in Siby George ( 1 supra) with respect to the issue that compensation amount falls due and payable as on the date of accident. This was in line with the judgment of Supreme Court in pratap Narain Singh Deo v, Srinivas Sabata'z, , My learned brother Justice A. Rajasheker Reddy had elaborately considered all the judgments cited by both the appellants as well as respondents in C.M.A.No.871 of 2015, and by order dated 04.12.2015 had held that the appellant/claimant is entitled to interest at l2o/o per annum from the date of accident till the date of realisation. However, though the amount of compensation is due on the date of accident, the liability to pay interest arises only after one month from the date of accident. This is on account of Section 44(3) of the Workmens Compensation Act, 1923.
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With respect to the contention oF learned Standing Counsel for insurance company that the insurance company may not be mulcted with liability in cases where the appeal against the owner stood dismissed and the owner having not been made a party respondent, the said contention is liable to be rejected for the reason that the issue had already been dealt in C.N4.A.No.B71 of 2015, dated 04.72.2015, by referring to the judgment of Division Bench of this Court in Meka Chakra Rao v. Yelubandi Babu Rao @ Reddemma3. The;udgment of Division Bench being binding on this Court, and there being no reason for this Court to dlffer with the rationale in Meka Chakra, the contention of the learned Standing Counsel for insurance company is rejected. Accordingly, the civil miscellaneous appeal stands disposed of.
It is made clear that wherever the compensation amount has been deposited in pursuance of the orders of Commissioner, the payment of interest shall be reckoned from one month after the date of accident till the date of deposit. No costs. N4iscellaneous applications, if any pending, shall also stand closed, No costs.
'zoor 1r1 ALD 453 SD/-K.SRINIVASA RAO JOINT REGIST //TRUE COPY// SECTION OFFICER To, The Commissioner for Workmen Compensation and Deputy Commissioner of Labour at Nizamabad. (with records) One CC to Sri. Lakkadi Dayaker Reddy, Advocate [OPUC] o One CC to Sri. T. Ramulu, Advocate (OPUC) Two CD Copies CDL gbr r
HIGH COURT DATED:0910212021 STA t,lm I * *
JUDGMENT
CMA.No.863 of 2011 DISPOSING OF THE C.M.A, ?y< ^ '.\c, o'ur\l9