THE HON’BLE SHRI JUSTICE ANIL KUMAR JUKANTI CIVIL MISCELLANEOUS APPEAL No.598 OF 2013 and CIVIL MISCELLANEOUS APPEAL No.270 OF 2014

COMMON JUDGMENT:

Aggrieved by the order dated 19.11.2012 passed in W.C.No.452 of 2003 on the file of the Commissioner for Employees Compensation-cum-Deputy Commissioner of Labour at Nizamabad (for short ‘the Commissioner’), the Insurance Company/appellant filed CMA.No.598 of 2013.

2. Aggrieved by the order dated 19.11.2012 passed in W.C.No.452 of 2003 on the file of the Commissioner for Employees Compensation-cum-Deputy Commissioner of Labour at Nizamabad (for short ‘the Commissioner’), the applicant/appellant filed CMA.No.270 of 2014.

3. Since CMA.No.598 of 2013 and CMA.No.270 of 2014 are arising out of the same order, they are being heard together.

4. For convenience, facts in CMA.No.598 of 2013 are discussed.

5. Heard Mr. A.Ramakrishna Reddy, learned Standing Counsel for appellant/Opposite Party No.2 and Mr.

T.V.Kalyan Singh, learned counsel for respondents.

6. The applicant (Banoth Sardar in W.C.No.452 of 2003) was working as a labour on a lorry bearing ABT 1408, under the employment of opposite party No.1 (Aslam Khan). When the lorry laden with sand was going from Velpoor to Nizamabad on 16.08.2002, at 7:00 p.m., it reached the crossing after Adimamidipally village, the driver of the vehicle drove in rash and negligent manner, hit two persons and then lorry turned turtle and fell in a ditch. The applicant suffered fracture of left clavicle outer end, fracture of left elbow, multiple and grievous injuries. Cr.No.124 of 2002 was registered by Police in Police Station, Makloor.

7. Applicant was shifted to Tirumala Hospital, Nizamabad, treated as inpatient, thereafter he was treated in various other hospitals (private). Applicant claims he is permanently disabled and unable to discharge his duties, that opposite party No.1 terminated his services. Doctor issued a permanent partial disability certificate for 65%, claimant sought Rs.3,00,000/-. Commissioner, after considering exhibits A1 to A7, examining witnesses AW1 and AW2 (for applicant), RW1 (for respondents) and the submissions, awarded a compensation of Rs.1,72,662/- to be paid within 30 days from the date of receipt of order, failing which interest @ 12% per annum be paid. Award is dated 19^th November, 2012. Cheque bearing No.“006420” drawn on HDFC Bank, Nizamabad, is dated 01.12.2012 for an amount of Rs.1,72,662/- is deposited in the account of Commissioner for Workmen’s Compensation of Deputy Commissioner of Labour, Nizamabad.

8. Learned counsel for appellant (Opposite Party No.2 in W.C.) contended that Commissioner by order dated 19.11.2012 directed to pay an amount of Rs.1,72,662/- within 30 days from the date of receipt of order, failing which, interest @12% per annum is to be paid. Learned counsel invited the attention of this Court to Sections 4 and 4(A) of the Workmens’ Compensation Act, 1923, (for short “the Act”) and submitted that the amount of compensation has to be deposited within a period of one month from the date of receipt of a copy of order of adjudication. The following is the relevant portion of the order of the Commissioner dated 19.11.2012:

“In the result, I hereby order the opposite parties 1 and 2 to deposit jointly and severally compensation of Rs.1,71,818/- together with stamp fee of Rs.344/- and the advocate fee of Rs.500/-, total amount to Rs.1,72,662/- (Rupees One Lakh Seventy Two thousand six hundred and sixty two only) within (30) days by means of demand draft drawn on any nationalized bank payable in favour of the Commissioner for Workmen’s Compensation and Deputy Commissioner of Labour, Nizamabad, from the date of receipt of this order failing which it carries interest @ 12% per annum.”

9. It is evident from the Act that the compensation amount falls due from the date of accident, if it is not paid within one month, interest has to be paid from one month of the accident date till the date of deposit. In other words,