1. Being aggrieved by the impugned judgment and order passed by the Commissioner under Workman compensation Act, Himmatnagar in Workmen's Compensation application No. 48/96 (old) awarding compensation to the tune of Rs 58,480/- along with interest 6% from the date of accident the present Appeal is filed on grounds set out in the memo of appeal.
2. Heard learned advocate Mr. Rituraj Meena for the petitioner and Mr Mukesh Rathod for the respondents.
3. Mr Rituraj Meena learned advocate, has referred to the provisions of if Workmen's Compensation Act (the Act for short) particularly Section 3(1)(b)(i) of the Act and submitted that Commissioner under workmen's Compensation Act has committed grave error in interpreting the provisions of Section (A) of the Act while fixing liability along with the interest.
4. Learned advocate Mr. Meena has submitted that interest could be awarded from the date of the application and not from the date of the accident as decided by Hon'ble Apex Court in the case of Oriental Insurance Company Vs Mohd. Nasir and Anr reported in (2009)6SCC280 as well as in the case of National Insurance Co. Ltd Vs Mubasir Ahmed and Anr reported in (2007)2 SCC349.
4. Learned advocate Mr Rathod has submitted that it is a benevolent Act and it may not be disturbed considering the small amount.
5. In view of the rival submissions and having considered the provisions of law, particularly Section 4(a) of the Act, which has been interpreted by the Hon'ble Apex Court in the judgment reported in (2009)6SCC349 wherein it has been specifically observed that "does not permit grant of interest from the date of filing of the claim petition till the order is passed." It is further observed that referring to the observations made by the Hon'ble Apex Court in earlier judgment interpreting this very provision in para 50 it has been observed " the position becomes clearer on a reading of subsection (2) of Section 4-A. It provides that provisional payment to the extent of admitted liability has to be made when employer does not accept the liability for compensation to the extent claimed. The crucial expression it 'falls due'. Significantly, legislature has not used the expression from the date of accident'. Unless there is an adjudication, the question of an amount falling due does not arise."
5. In these circumstance when the provision has been interpreted the impugned order requires modification to the aforesaid extent only and the appeal deserves to be allowed partially to the aforesaid extent. The opponents would be liable to pay the amount of compensation of Rs 58,480/- along with interest @ 6% from the date of adjudication ie judgment in respect of date of the accident to the aforesaid extent. The appeal has been allowed partly. The amount which has been deposited is ordered to be disbursed on usual terms within a period of four weeks. Rule is made absolute.
6. In view of the order passed in the main matter Civil Application also stand disposed of.
(Rajesh.H.
Shukla,J.) mary// Top