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IN THE HIGH COURT OF ORISSA AT CUTTACK
B.P.ROUTRAY
Shabana Parveen – Appellant
Versus
Jaysen Hansdah – Respondent
| Table of Content |
|---|
| 1. recognition of claims based on employment-related death. (Para 1) |
| 2. claim for interest on compensation is valid. (Para 3) |
| 3. court's observations on interest entitlement based on precedent. (Para 4 , 5) |
| 4. entitlement to interest from the date of the accident is established. (Para 6) |
| 5. order to disburse total compensation with interest. (Para 7) |
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 grossl
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.
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