Smt. Dayagala Bagamma v. Sri K. Srinivas And Another

IN THE 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:203 OF 2011 Appeal under Section 30 of W.C.Act, against the Order in W.C.No.4g9 of 2003 NF dated 41112011 on the file of the Court of the Commissioner for. Workmen,s Compensation and Deputy Commissioner of Labour, Nizamabad. Between:

Smt. Dayagala Bagamma, Wo Rajaiah Occ N izamabad.

Labour Rl/o Chandrashekar Colony ...APPELLANT AND

1. Sri K.Srinivas, S/o Kishan, age; major Occ: Owner of Lorry bearing No. AAJ 8687, H.No.9-1-935, Chandrashekar Colony Nizamabad, District Nizamabad. (Rl dismissed vide Court Order dated 13107116)

2. The New lndia Assurance Company Limited, Rep.by its Divisional Mlanager, Divisional Office, Opp; ZP Office, Subashnagar, Nizamabad, District Nizdmabad ...RESPONDENTS For the Appellant : SRI LAKKADI DAYAKAR REDDY, Advocate For the Respondent No.1 : DISMISSED VIDE C.T. DATED 13/7/16 Forthe Respondent No.2 : SRI T.RAMULU, Advocate The Court delivered the following: JUDGMENT

,1 // THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM CIVIL MISCELLANEOUS APPEAL NO'203 Of 2011 /

JUDGMENT

This appeal is filed against the order dated 04'01'2011 passed by the Commissioner, Workmen's Compensation' in W'C No'489 of 2003 NF' Heard learned counsel for the appellant' and learned 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 Sabata2'

I Rajasheker ReddY had elaborately MY learned brother lustice A by both the aPPellants as well as considered all the judgments cited respondents in c.M.A.No.B7l of 2015, and by order dated 04'12'2015 had held that the, appellant/claimant is entitled to interest al 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 of Section 4A(3) of the Workmens accident. This is on account Compensation Act, 1923'

'(2012) 12 scc 540 '(r9?6) I scc 289

With respect to the contention of learned counsel for insurance company Srl T. Ramulu 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.M.A.No.877 of 20t5, dated 04.12.2015, by referring to the judgment of Division Bench of this Court in Meka Chakra Rao v. Yelubandi Babu Rao @ Reddemma3. The judgment of Division Bench being binding on this Court, and there being no reason for this Court to differ with the rationale in Meka Chakra, the contention of the learned 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. Miscellaneous applications, if any pending, shall also stand closed. No costs.

2001(1)ALD453 Sd/.K.SREENIVASA RAO JOINT REGISTRAR /iTRUE COPY// (N}V I SECTION OFFICER To The Commissioner for Workmen's Compensation and Deputy Commissioner of Labour, Nizamabad. (with records) One CC to Sri Lakkadi Dayakar Reddy, Advocate (OPUC) One CC to Sri T.Ramulu, Advocate (OPUC) Two CD Copies 2.

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HIGH COURT DATED:0910212021 ft TAr€ s 4l\ ( 1$t$B c .b t oo * DE$PAI

ORDER

CMA.No.203 of 2011 DISPOSING OF THE CMA, WITHOUT COSTS.

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