Back
IN THE HIGH COURT OF ORISSA AT CUTTACK
B.P.ROUTRAY
Shabana Parveen – Appellant
Versus
Jaysen Hansdah – Respondent
JUDGMENT :
B.P. Routray, J.
1. Present appeal by the claimants is directed against the impugned judgment/award dated 25th June 2024 passed by the Addl. District Magistrate-Cum-Commissioner Employees Compensation, Mayurbhanj, in E.C.Case No.3 of 2020, wherein compensation to the tune of Rs.7,68,560/- has been granted on account of death of the deceased in course of his employment as a driver of car bearing Registration No.JH-O5-AK-4833.
2. Heard Mr. Rath, learned counsel for the Appellants and Mr. Roy, learned counsel for Respondent No.2.
3. The only grievance of the Appellants is that, the Commissioner while granting award did not pay the interest. The claimants being the Appellants have prayed for grant of interest from the date of accident.
4. It is true that grant of award by the Commissioner without interest thereon is grossly erroneous on the face of record. In Ajaya Kumar Das and another vrs. Divisional Manager and another , 2022 SCC OnLine SC 93, the Hon’ble Supreme Court has observed as follows:
“5. The judgment of the High Court is inexplicable. Having dismissed the appeal of the insurer on the ground of limitation, there was no occasion for the High Court to interfere on merits
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.
Compensation liability arises on the accident date with interest payable from that date, ensuring fairness based on established legal principles.
Interest on compensation must accrue from the date of the accident, ensuring claimants receive the higher of two possible compensation amounts based on established legal principles.
Injuries in course of employment – Interest shall be paid on compensation awarded from date of accident and not date of adjudication of claim.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
