✦ Jharkhand High Court

Ful Devi v. Ajay Kumar Burnwal

AT RANCHI M. A No. 129 of 2012GAUTAM KUMAR CHOUDHARY

Case at a glance

Bench
GAUTAM KUMAR CHOUDHARY

Outcome

Allowed

Appeal is allowed

Provisions considered

Judgment

CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY ------ For the Appellants For the Respondents : Mr. Sanjay Prasad, Advocate : M/s Niraj Narayan Mishra & Lukesh Kumar, Advocates Oral Order 12 / Dated : 23.03.2022

1.

The instant appeal has been filed under Section 30 of the Workmen Compensation Act, 1923 on behalf of the claimants for enhancement of compensation awarded for the death of Arbind Kumar Thakur who died during course of his employment as the driver of Ambassador Car bearing Registration No. BR 17-J-1214 on 16.09.2004. The learned court below awarded a compensation of Rs.3,28,270 with compound interest at the rate of 12% per annum from the date of award.

2.

Learned counsel for the appellants has confined his argument to the award of interest on the compensation amount. It is submitted that as per Section 4A(3)(i) of the Act, 1923 the interest on the compensation amount should have been awarded from the date it fell due and not from the date of award. The accident took place on 16.09.2004 and, therefore, the interest amount should have been from the date of the accident.

3.

Learned counsel for the Insurance Company has opposed the claim for enhancement of compensation and the award of interest from the date of accident.

4.

There is specific mandate under Section 4A of the Act, 1923 that simple interest is to be awarded at the rate of 12% per annum from 2 the date if fell due. Here in the instant case the accident took place on

16.9.2004 which shall be the reckoning date for award of interest on the compensation amount. With the modification on interest amount on compensation, this Misc. Appeal is allowed. AKT (Gautam Kumar Choudhary, J.)

Questions this judgment answers

What did the Court decide in this case?

The Court recorded the following disposition: Appeal is allowed

Which statutory provisions did this judgment involve?

Workmen Compensation Act, 1923 — s. 30.

Precedent status how later indexed judgments have treated this case

No known negative treatment found in the Courts & Cases corpus.

This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.

Why is this linked?

This is the original judgment text, reproduced from the public court record. Always verify it against the official record before relying on it in a filing — check it on Jharkhand High Court or eCourts case status (search case no. AT RANCHI M. A No. 129 of 2012). ← Search more judgments