RAVI NATH TILHARI
Divisional Manager, M/s. United India Insurance Company Limited – Appellant
Versus
Harijana P. Israil – Respondent
JUDGMENT :
Ravi Nath Tilhari, J.
Sri Srinivasa Rao Katakamsetty, learned counsel for the appellant had completed his arguments on 17.06.2022, but Sri Koppula Gopal, the respondent's counsel did not appear even in the revised call. The matter was posted for 20.06.2022 for the arguments of the respondent's counsel. On 20.06.2022 also the respondent's counsel did not appear to argue the matter. The judgment was reserved.
2. This appeal under Section 30 of the Workmen's Compensation Act, 1923 (in short "WC Act 1923") has been filed by M/s. United India Insurance Company Limited through its Divisional Manager (in short the "Insurance Company"), challenging the judgment and award dated 16.08.2004, passed in W.C.No.29 of 2002, on the file of the Commissioner for Workmen's Compensation & Assistant Commissioner of Labour, Kurnool (in short the "Commissioner"), by which the application filed by the applicant/1st respondent herein under Section 22 of WC Act 1923 was allowed for payment of compensation of Rs.2,36,688/- with interest @12% per annum on the amount of compensation for the period from 23.11.2000 i.e., the date of accident to the date of actual deposition, also awarding an amount of Rs
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Total incapacity to perform work due to injury is deemed 100% functional disability, warranting full compensation under the Workmen's Compensation Act.
The insurance company is not liable for interest payments under the Workmen's Compensation Act; liability rests with the employer to pay compensation and associated interest.
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.
The court modified the interest rate on compensation to 12% per annum from the date of the accident, affirming the Commissioner's findings on disability.
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