THE HON’BLE SHRI JUSTICE ANIL KUMAR JUKANTI CIVIL MISCELLANEOUS APPEAL Nos.257 and 280 of 2014

COMMON JUDGMENT:

Civil Miscellaneous Appeal No.257 of 2014 is filed challenging the order, dated 19.11.2012, in W.C.No.455 of 2003 passed by the Commissioner for Employees Compensation-cum-Deputy Commissioner of Labour, Nizamabad.

Civil Miscellaneous Appeal No.280 of 2014 is filed challenging the order, dated 19.11.2012, in W.C.No.451 of 2003 passed by the Commissioner for Employees Compensation-cum-Deputy Commissioner of Labour, Nizamabad.

2. Heard Mr. T.V.Kalyan Singh, learned counsel for appellant and Mr. N.Chandra Sekhar, learned counsel representing Mr. A.Rama Krishna Reddy, learned counsel for respondent No.2 in both the appeals.

3. It is brought to the notice of this Court by learned counsel for appellant that in similar matter, a learned Single Judge of this Court vide judgment, dated 11.02.2021, in C.M.A.No.289 of 2014 passed the following order:

“In spite of notice received, there is no appearance for the second respondent Insurance Company. As this matter requires assistance of the learned counsel, this Court had sought assistance of Sri A. Ramakrishna Reddy, learned counsel representing before this Court regularly in relation to these matters.

There is no dispute with regard to the facts.

Learned counsel for the appellant submits that grievance of the appellant is only with respect to the interest not being granted from the date of the accident till the date of payment, in the light of the judgment of the Apex Court in Oriental Insurance Company Limited v. Siby George1 A perusal of the order under appeal discloses that as per the judicial pronouncements prevailing at that point of time, the Commissioner awarded interest @12% from one month after the date of receipt of the order. Though the Commissioner directed the respondents to deposit the compensation within 30 days from the date of receipt of the order, failing which, it should carry interest @12% per annum, the Hon’ble Supreme Court in Siby George (1 supra), while referring to the judgments in Pratap Narain Singh Deo v. Srinivas Sabata, (1976) 1 SCC 289 and Kerala State Electricity Board v. Valsala, AIR 1999 SC 3502, held that the interest is payable from the date of the accident. However, the liability

1 (2012) 12 SCC 540

to pay interest arises only after one month from the date of the accident in view of Section 4-A(3)(a) of the Workmen’s Compensation Act, 1923.

In those circumstances, this appeal is allowed modifying the order under appeal to the effect that the appellant is entitled to interest @12% per annum after one month from the date of the accident till the date of realization.”

4. When this Court queried learned counsel for respondent No.2 i.e., Insurance Company, learned counsel stated across the Bar that matters pertain to awarding of interest @ 12% per annum. That prayer in both appeals is with regard to awarding of interest @ 12% per annum from one month after the date of receipt of orders and similar orders be passed.

5. Heard learned counsels, perused the record.

6. As prayers in both the matters pertain to awarding of interest and the same is not disputed, this Court is inclined to pass similar order as passed by learned Single Judge in C.M.A.No.289 of 2014.

7. Accordingly, Appeals are allowed, modifying the order challenged under appeals to the effect that appellant is entitled to interest @ 12% per annum after one month from the date of the accident till the date of realization. No order as to costs.

Miscellaneous applications pending, if any, shall stand closed.

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ANIL KUMAR JUKANTI, J Date: 28.02.2025 KRR