The High Court · 2025

Counsel for the Appellant in both CMAs :Sri T V Kalyaii Singh Counsel for the Respondent No.2 iri both CMAs : Sri N Chandra Sekhar representing Sri A Ramakrishna Reddy The Court delivered the following: Common Judgment THE HON'BLE SHRI JUSTICE ANIL KUMAR JUKANTI CML MISCELLANEOUS APPEAL Nos.257 and 28O of 2Ol4 COMMON JUDGMENT: Civil Miscellaneous Appeal No.257 of 2Ol4 is filed challenging the order, dated 19.17.2O72, in W.C.No.455 of 2OO3 passed by the Commissioner for Employees Compensation-cum-Deputy Commissioner of Labour, Nizamabad. Civil Miscellaneous Appeal No.280 of 20l ri is filed challenging the ordcr, dated 19.11 .2012, in W.C.No.4S1 of 2003 passed by the Com missioner for llmployees Compensation-cum-Deputy Commissioner of Labour, Nizamabad.

2. Heard Mr. T.V.Kalyan Singh, learned counsel for appeilant and Mr. N.Chandra Sckhar, learned counsei 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 simiiar matter, a learned 2 JAK, J CMAS 257 & 280 2014 Single Judge of this Court vide judgment, dated

11.O2.2021, in C.M.A.No.289 of 2014 passed the followrng order: "ln spite of notice rcceived, there is no appearancc 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 mattcrs. 'l'i'rcrc is no dispute u.ith regard to the facts. Learnccl counscl for tl-rc appellanL submits that grievance of the appellant is only with respecI to the interest not bcing grantcd from the dale of the accidcnL till the clate of payment, in the light of the .judgment of Lhc Apex Court in Oriental Insurance Cotnpany Limited a. Sibg Georgel. A pcrusal of thc order under appeal discloses that zrs per the judicial pronouncements prevailing aL that point of time, thc Commissioner awarded intcrcst @12o/o from one month after the date of reccipt of thc ordcr. Though the Commissioner dircr;Lcd the respondents to deposit the compensation urithin 30 days from the date ol reccipt of Lhe order, failing which, it should carry interesl @12'% per annum, the Hon'b1e Supreme Corrrt in Siby George ( 1 supra), while re ferring to the judgments in Pratap Narain Singh Deo o. Sriniuas Sabatd' and Kerala Stote Electricitg Board u. Valsalas, held that the interest is payable from the date of the accident. However, the liability '(2012) t2 scc 540 '? 1t szol t sr:c zso ' AtR 1999 SC 3502 JAK, J CMAs 257 & 280 2014 to pay interest arises only after one month from the date of the accident in view of Section a-A(3)(a) of the Workmen's Compensation Act, 1923. In those circumstances, this appea-1 is allowed modifying the order under appeal to the effect that the appellant is entitled to interest @L2%o per annum after one month from the ilate of the accident till thc 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 ar'varding of interest @ l2ok per annum. That prayer in both appeals is with regard to awarding of interest @ 72o/o per annum from one month after the date of reccipt 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 sarne is not disputed, this Court is inclined to pass similar order as passed by learned Single Judge in C.M.A.No.289 of 2O74

7. Accordingly, Appeals are allowed, modifying the order challenged under appeals to the effect that appellalt is I I l ) 4 JAK, J CMAS 257 & 280 2014 Eia, 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 Miscellaleous applications pending, if any, shall stand closed SD/- M. VIJAYA BHASKER .JOINT REGISTRAR //TRUE COPY// j SECTION OFFICER To,

1. The Commissioner for Employees Compensation-cum-Deputy Commissioner of Labour at Nizamabad(With records, if any)

2. One CC to SRI T V KALYAN S|NGH, Advocate IOPUCI 3. One CC to SRI A RAMAKRISHNA REDDY, Advocate tOpUCl 4. Two CD Copies ADK/gh Ft- t t t. ,i HIGH COURT DATED:2810212025 ,-:::'.': ::. - -i!:i.,r ,\r 'ri \ ') a i, ;-; ,1 7 COMMON JUDGMENT CMA.No.257 AND 280 of ({. .9 s* \t': N5 ,i g ttl * ALLOWING THE BOTH CMAs G.P("[ 5^,, .l I I I I . I I