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2000 Supreme(Ker) 506

J.B.KOSHY, N.KRISHNAN NAIR
Sasidharan – Appellant
Versus
Kerala State Electricity Board – Respondent


Judgment :-

Per J. B. KOSHY, J.

Appellant who is the claimant in a Workmen Compensation case questions the judgment of the Commissioner for Workmen's Compensation in so far as the Commissioner did not award any interest from the date of the accident. The Commissioner awarded the compensation as follows :

"The opposite party is hereby directed to deposit with this Court an amount of Rs. 94, 792/- (Rupees ninety four thousand seven hundred and ninety two only) within 30 days from the date of receipt of this order, failing which revenue recovery proceedings will be initiated for the realisation of the said amount with 12% interest from the date of default onwards."

The case of the appellant is that as per the amended provision of Section 4-A(3)(a) of the Workmen's Compensation Act, 1923 (hereinafter referred to as "The Act") 12%. interest has to be awarded on the amount due. Before amendment of the Act Section 4-A(3) read as follows :

"(3) Where any employer is in default in paying the compensation due under this Act within one month from the date it fell due, the commissioner may direct that in addition to the amount of the arrears, simple interest at the rate of six per cent per annum o







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