Ful Devi v. Ajay Kumar Burnwal
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
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.
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.
Learned counsel for the Insurance Company has opposed the claim for enhancement of compensation and the award of interest from the date of accident.
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.