1985 Supreme(AP) 336

Andhra Pradesh High Court
Judges : K.RAMASWAMY
P. V. Narasayamma - Appellant
Versus
S. Subbalaxml - Respondent
C. M. A 833/80
Decided On : 08-08-85
Advocates Appeared :
Mr. K. V. Subrahmanya Nansu,Mr. S. V. R. S. Somayajulu

Headnote:WORKMENS, COMPENSATION ACT. 1923, Secs. 3(1) 4-A and 10-A-Liability to pay interest on compensation to a deceased employee or default of employer-Arises from the date of death and not after quantification of damages.

       Held: The conjoint reading of the provisions of the Act postulates in unmistakable terms that as soon as the death occurs as a result of the injury sustained by the deceased workman arising out of and in the course of his employment and, if the workmen is a monthly wages earner, he is entitled to receive the amount specified in column 2 of Schedule IV the Act. Thereby it is clear that the date of injury or death is the starting period. Under Sec. 4-A (2) the employer shall voluntary pay the same. On his committing default within one month, Sec. 4-A (3) comes into play and the Commissioner. on his satisfying that there is no Justification for the delay, may direct him to pay simple interest at six per cent per annum. In case of disputes, the commissioner empowered to enquire into and determine the liability Legislative intente would manifest that the liablity is coextensive with the injury to or death of the workman arising out of and during the course of his employment. The liability to Pay interest be comes operative on the failure of the employer to pay compensation within one month from the date of injury of death arising out of and in the course of his employment. The default if) payment gives rise to pay the liability to pay interest.