Judgment · High Court

HON’BLE MR. JUSTICE BP KATAKEY Heard Mr. SS Sarma, learned senior counsel for the appellant as well as Mr. D Bi shaya, learned counsel appearing for the respondent workman. None appears for th e respondent No. 2, the employer despite service of notice. Upon hearing the learned counsel for the parties and on perusal of the award dat ed 15.6.2005 passed by the learned Commissioner, Workmen’s Compensation, the app eal is admitted for hearing on the following substantial question of law: - 1. Whether the interest under Section 4A(3) of the Employees’ Compensation Act, 1923 is payable from the date of accident or from the date of filing of the clai m petition? Records need not be called for. The learned counsel for the parties have submitted that they are ready to argue the case on the aforesaid substantial question of law today itself. Mr. SS Sarma, learned senior counsel for the appellant referring to the decision of the Apex Court in National Insurance Company Ltd., v.

Mubasir Ahmed (2007) 2 SCC 349 has submitted that the interest under Section 4A(3) of the Employees’ C ompensation Act, 1923 (in short the 1923 Act) is payable from the date of adjudi cation and not from the date of accident as awarded by the learned Commissioner and as such the award passed by the learned Commissioner needs to be interfered with. Mr. Bishaya, learned counsel appearing for the respondent workman placing relian ce on the decision of the Apex Court in Oriental Insurance vs. Mohd. Nasir (2009 ) 6 SCC 280 submits that the respondent workman is entitled to the interest unde r Section 4A(3) of the 1923 Act from the date of filing of the claim petition if not from the date of the accident. It has further been submitted that the Apex Court in Md. Nasir’s case (supra) af ter consideration of the judgment in Mubasir Ahmed’s case (supra) has observed t hat in Mubasir Ahmed’s case (supra) the fact that there is no prohibition to gra nt the interest from the date of filing the claim petition under the 1923 Act wa s not considered.

It appears from the impugned award dated 15.6.2005 passed by the learned Commiss ioner, Workmen’s Compensation that the interest at the rate of 12% per annum fro m the date of accident till the date of award has been awarded. The Apex Court i n Md. Nasir (supra) has held that the 1923 Act does not prohibit the grant of in terest from the date of filing the claim petition till the order is passed. It h as further been held that only when sub Section 3 of Section 4A is attracted hig her rate of interest would be payable. The Apex Court in the said judgment has also observed that the said aspect of th e matter was not considered in Mubasir Ahmed’s case. In Md. Nasir’s case the Ape x Court has, therefore, directed payment of interest from the date of filing the claim petition till the date of award at the rate of 7‰% per annum and the subs equent interest from the date of award till the date of payment of the award as passed by the learned Commissioner.