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DINESH MAHESHWARI, VIKRAM NATH
P. Meenaraj – Appellant
Versus
P. Adigurusamy – Respondent
JUDGMENT
1. We have heard learned counsel for the parties finally at this stage itself.
2. Leave granted to the limited extent indicated hereinbelow.
3. The appellant has questioned the judgment and order dtd. 23/2/2017, as passed by the High Court of Judicature at Madras in C.M.A. No. 321 of 2017.
4. The relevant background aspects are that on 29/5/2010, the appellant, being an employee (driver) of the 1st respondent, suffered injuries in the course of employment and made a claim for compensation by way of Claim Petition No. 549 of 2010 under Sec. 10 of the Employees' Compensation Act, 1923, before the Commissioner concerned, who awarded a sum of Rs.4,76,898.00 (Rupees Four Lakhs Seventy-Six Thousand Eight Hundred and Ninety Eight) as compensation to the appellant with a direction to the 2nd respondent/insurer to deposit/pay the amount within 30 days from the date of receipt of copy of the order, failing which, to pay interest at the rate of 12% p.a. after the expiry of 30 days from the date of accident.
5. It appears that before the High Court, the only question raised on behalf of the appellant was as to the date from which interest fell due, as specifically noticed in paragraphs
The court established that interest would be payable from the date of accident in compensation cases, modifying the order of the High Court.
Injuries in course of employment – Interest shall be paid on compensation awarded from date of accident and not date of adjudication of claim.
Claimants entitled to interest at 12% from the date of the accident under the Workmen’s Compensation Act, ensuring fairness and adherence to beneficial legislation.
Interest should be calculated from the date of the accident, and the Khoraki amount should be included in the compensation, as per the Employee's Compensation Act and relevant legal precedents.
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